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1 RECE~VED ~N
COURT OF CRIMINAL APPEALS .
MAR 30 2015
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I ""'~ ~~~41, TEXAS CRIMINAL. LAWS
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PENAL CODE
PC §12.42, 25
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(b) In addition to confinement, an individual adjudged guilty of a state jail
~ has been once before convicted of a felony, on conviction he shall be
felony may be punished by a fine not to exceed $10,000. >
{c) An individual adjudged guilty of a state jail felony shall be punished ·.l
·.~
' punished for a second-degree felony.
for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 wqs used or exhibited
(b) If it is shown on the trial of a second-degree felony that the defendant
during the commission of the offense or during immediate fiight following
has been once before convicted of a felony, on conviction he shall be pun-
the commission of the offense, and that the individual used or exhibited the ished for a first-degree felony.
deadly weapon or was a party to t11e offense and knew that a deadly
weapon would be used or exhibited; or (c) If it is shown on the trial of a first-degree felony that the defendant has
been once before convicted of a felony, on conviction he shall be punished
(2) the individual has previously been finally convicted of any felony::
by imprisonment in ~he institutional division of the Texas Department of
(A) listed in Section 3g(a)(1 ), Article 42.12, Code of Criminal Proce~
dure: or Criminal Justice for life, or for any term of not more than 99 years or less
than 15 years. In addition to imprisonment, an individual may be punished
(B) for which the judgment contains an affirmative finding under by a fine not t., exceed $10,000.
Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
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{Sections 12.36 to 12.40 reserved tor expansion!
{one provision that will be replaced by another!
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Subch. D. EXCEPTIONAL SENTENCES 14 {d)(1)* 'felt. untito1.ot-96.J If it is shown on the trial of a felony offense that the
defendant has previously been finally convicted of two felony offenses, and
PC §12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE. the second pmvious felony conviction is for an offen.se that occurred sub-
For purposes of this subchapter, any conviction not obtained from a prose- sequent to !he first previous conviction having become final, on conviction
cution under this code shall be classified as follows:
he shall be punished .by imprisonment in the institutional division of the
(1) "felony of the third degree" if imprisonment in a penitentiary is af- Texas Departmetit of Criminal Justice for life, or for any term of not more
fixed to the offense as a possible punishment; · · than 99 years or less than 25 years.
(2) "Class B misdemeanor" if the offense is not a 'felony and confine- ....·~
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{d)(1 )* '!elf. on 01-ut-96J If it is shown on the trial of a felony offense other
ment in a jail is affixed to the offense as a possible punishment;
than .a state jail felony punishable under Section 12.35(a) that the defen-
(3) "Class C misdemeanor" if the offense is punishable by fine only.
dant has previously been finally convicted of two felony offenses, and the
second previous felony conviction is for an offense that occurred subse-
PC §12.42. PENAL TIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS. quent to the firut prev:ous conviction h9ving become final, on conviction he
shall be punished by imprisonment in the institutional division of the Texas
Department of Criminal Justice for life, or for any term of not more than 99
{one provision that will be replaced by another!
years or less than 25 years.
(a)* '/elf. until 01.01-96./ If it is shown on the tria( of a state jail felony punish-
able ·Under Section 12.35(c) or on the trial of a third-degree felony that the {2) A defendant shall be punished by imprisonment in the institutional
defendant has been once before c~nvicted of a felony, on conviction he division for life if:
shall be punished for a second-degree felony. (A) the defendant is convicted of an offense:
(a)* '/elf. on 01.01-96.J (:1) If it is shown on the trial of a state jail felony (i) under Section 22.021, Penal Code;
punishable under Section 12.35(a) that the defendant has previously been· (ii) under Section 20.04(a){4), Penal Code, if the defendant
finally convicted of two state jail felonies, on conviction the defendant shall committed the offense with the intent to violate or abuse the victim sexu-
be punished for a·third-degree felony. ' ally; or
{2) If it is shown on the triql of a state jail felony punishable under (iii) under Section 30.02, Penal Code, punishable under Subsec-
Section 12.35{a) that the defendant has previously been finally convicted of tion {d) of that section, if the defendant committed the offense with the.
two felonies, and the second previous felony conviction is for an <)ffense intent to commit 'felony described by Subparagraph (i) or (ii) or a felony
that occurred subsequent to the first previous conviction having become under Section 21. ·11 or 22.011, Penal Code; and
final, on conviction the defendant shall be punished for a second-degree (B) the defendant has been previously convicted of two felony
felony. offenses, at least one of which is an offense:
{3) If it is shown on the trial of a state .jail felony punishable under (i) under Section 43.25 or 43.26, Penal Code;
Section 12.35{c) or on the trial of a third-degree felony that the defendant (ii) under Section 21.11, 22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04{a){4), Penal Code, if the defendant
committed the offense with the intent to violate 0' abuse' r~ a
ally; or .L/f/; 1/1
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.Form 211-FINAL SHEET
AND THE GRAND JURORS AFORESAID do fGrther ~resent upon their
oaths, that prior to the commission of the aforesaid offense by the
said REGINALD ARLIEGH NOBLE: to--wit: on the. 26TH day of MAY, A.D.
1992, in the 265TH JUDICIAL DISTRICT COURT of DALLAS County, Texas, in
cause number F91-72411-UR on the docket of said court, the said
REGINALD ARLIEGH NOBLE under the name of REGINALD NOBLE, was duly and
legally convicted in said last named court of a
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felony, to-wit:
UNAUTHORIZED USE OF A MOTOR VEHICLE, as charged in the indictment,
upon an indictment then legally pending in said last named Court and
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of which said Court had jurisdiction; and said conviction was a final
conviction and was a conviction for an offense committed by him, the
said REGINALD ARLIEGH NOBLE, prior to the commission of the offense
hereinbefore charged against him, as set forth in the first paragraph
hereof,
AND THE GRAND JURORS AFORESAID do further present upon their
oaths, that prior.to the commission of each of the aforesaid offenses
was prior to the commission of the offense set forth in the first
paragraph hereof,
Against the peace and dignity of the State.
BILL HILL
Criminal District Attorney, Dallas County, Texas.
hereof,·
AND THE GRAND JURORS AFORESAID do further present upon their
oaths, that prior to the commission of each of the aforesaid offenses
by the said REGINALD ARLIEGH NOBLE, to-wit: 611 the 17TH day of JULY,
A.D. 1987, in the CRIMINAL DISTRICT COURT of DALLAS County, Texas, in
cause number F87-77432-KH on the docket of said court, the said
REGINALD ARLIEGH NOBLE under the name of REGINALD ARLEIGH NOBLE, was
duly and legally convicted in said last named court of a felony, to-
wit: SURGLARY OF A BUILDING, as charged in the indictment, upon an
indictment then legally p~nding in said last named Court and of which
said Court had jurisdiction; I
and said conviction was a final
~onviction and was a conviction for an offense committed by him, ~he
said REGINALD ARLIEGH NOBLE, prior to the commission and conviction of
the offense hereinbefore charged against him, in the second paragraph
hereof, and said commission and conviction set forth in this paragraph
was prior to the commission of the offense set forth in the first
paragraph hereof,
Against the peace and dignity of the State.
BILL HILL
C,.imin.I DU;tnot Attorn<y, O.Uu County, T'\"· . Foreman of the Grand jury