Waits v. State

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

This case requires us to interpret Texas Penal Code subsection 12.42(a)(2) to determine whether that subsection permits two prior felony convictions (one of which is a state jail felony conviction) to enhance a non-aggravated state jail felony to the punishment level of a second-degree felony. We conclude that as long as the prior two felonies were sequential, such enhancement is authorized by the statute. Accordingly, we overrule appellant’s point on appeal arguing to the contrary and affirm the trial court’s judgment.

Background Facts

Appellant…