Daniel Lee Knod v. State
12-15-00154-CR
| Tex. App. | Oct 5, 2015Background
- Appellant Daniel Lee Knod was indicted for state-jail-felony theft (property < $1,500) with two prior theft convictions on the charging instrument.
- Under Tex. Penal Code §31.03(e)(4)(D), prior theft convictions alone may not elevate a subsequent < $1,500 theft beyond state-jail-felony status.
- The State filed a Brooks notice alleging an additional prior theft conviction and a retaliation conviction to support enhanced punishment at trial.
- After a jury guilty verdict, the trial court found the prior-offense allegations in the Brooks notice true and sentenced Knod to 18 years’ confinement (within second-degree felony range).
- The State concedes that because the underlying offense was prosecuted under §31.03(e)(4)(D), another theft conviction could not be used to enhance punishment and the 18-year sentence is therefore void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior theft conviction can enhance punishment for a §31.03(e)(4)(D) state‑jail‑felony theft | Knod: prior theft convictions cannot elevate a < $1,500 theft beyond state‑jail felony | State: initially sought to rely on an additional theft and a retaliation conviction (via Brooks notice) to enhance punishment; later concedes enhancement by theft is improper | Enhancement by a prior theft conviction for a §31.03(e)(4)(D) offense is improper; conviction (guilt) should stand but punishment must be reassessed/remanded |
Key Cases Cited
- Brown v. State, 14 S.W.3d 832 (Tex. App.–Austin 2000) (prior thefts cannot elevate a subsequent < $1,500 theft beyond state‑jail felony)
- Brooks v. State, 957 S.W.2d 30 (Tex. Crim. App. 1997) (notice procedure for proving prior convictions at trial)
- Freeman v. State, 970 S.W.2d 55 (Tex. App.–Tyler 1998) (sentence based on improper enhancement is void; remand for punishment reassessment)
- Rawlings v. State, 602 S.W.2d 268 (Tex. Crim. App. 1980) (treatment of prior‑conviction enhancement under earlier statutes)
- Ex parte Firo, 815 S.W.2d 568 (Tex. Crim. App. 1991) (similar principle regarding prior‑conviction enhancement)