Cody Lang Thomas v. State, 481 S.W.3d 685

Thomas pled guilty to theft of property valued between $1,500 and $20,000, a state jail felony, and received 20 years due to enhancements under Section 12.425(a).
One enhancement relied on two prior convictions: a non-state-jail felony (escape) and an enhanced state jail felony (burglary of a building) that elevated the state jail offense.
Thomas admitted the two prior convictions and that they would enhance punishment; the trial court noted two prior state jail trips would enhance the current offense.
The State filed a written notice of enhancement before sentencing; the court found the two prior convictions would place the sentence within the 2–20 year range only for enhanced scenarios.
At sentencing the court imposed a 20-year term, the maximum for a second-degree felony; Thomas challenged the enhancement as improperly combining a non-state-jail felony with an enhanced state jail felony.
On appeal, the court reversed the sentence, held the enhancement invalid under Section 12.425, and remanded for a new punishment hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 12.425 permits the enhancement based on a non-state-jail plus enhanced-state-jail prior.	Thomas argues the mix of non-state-jail and enhanced-state-jail convictions cannot be combined.	State contends permissible combinations include mixed prior convictions as allowed by 12.425.	No; the combination is not permitted, so the sentence must be reassessed.

State v. Garza, 298 S.W.3d 837 (Tex. App.—Amarillo 2009) (distinguishes regular vs. aggravated state jail felonies for enhancement)
State v. Webb, 12 S.W.3d 808 (Tex. Crim. App. 2000) (limits double enhancements under prior statutes for state jail felonies)
Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006) (remand for proper punishment when enhancement exceeds permissible range)
Samaripas v. State, 454 S.W.3d 1 (Tex. Crim. App. 2014) (discusses “punishable under” language and 12.42/12.425 interplay)