Jamie Lee Bledsoe v. State
06-14-00138-CR
| Tex. Crim. App. | Aug 3, 2015Background
- Appellant Jamie Lee Bledsoe was convicted of burglary of a building, a state jail felony enhanced by two prior felonies.
- Jury sentenced Bledsoe to 20 years in the Institutional Division and a $10,000 fine.
- State introduced prior judgments (State’s Exhibits 50 and 51) to support enhancement.
- The 08-0177X judgment (State’s Exhibit 50) was for a state jail burglary, not an appropriate basis to enhance to a higher offense.
- The defense argued the enhancement violated statutory limits, rendering the 20-year sentence illegal and void.
- The appeal seeks reversal and remand for a proper state jail-sentence treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence illegally enhanced the state jail burglary to a second-degree felony | Bledsoe: enhancement improper under §12.425 | State: enhancement permitted by previous felonies under §12.425 | Sentence was void; remand for proper state jail punishment |
Key Cases Cited
- Ford v. State, 334 S.W.3d 230 (Tex. Crim. App. 2011) (enhancing punishment vs. enhancing offense levels)
- Ex parte Reinke, 370 S.W.3d 387 (Tex. Crim. App. 2012) (distinguishes enhancement of punishment from enhancement of offense)
- State v. White, 959 S.W.2d 375 (Tex. App. Fort Worth 1998) (legislative language excludes state jail punishable under §12.35(a) from habitual-offender enhancement)
- Campbell v. State, 49 S.W.3d 874 (Tex. Crim. App. 2001) (statutory differences between enhancing penalties vs. levels of offense)
- Mizell v. State, 119 S.W.3d 805 (Tex. Crim. App. 2003) (void sentence rule and ability to raise defects at any time)
- Ex Parte Beck, 922 S.W.2d 181 (Tex. Crim. App. 1996) (void or illegal sentence may be challenged)