Case Information
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TEXAS CRIMINAL LAWS . I ! PENAL CODE PC §12.42. 25 (b) In addition to confinement, an individual adjudged guilty of a slate jail ~ felony may be punished by a fine not to exceed $10,000. has been once before convicted of a felony, on conviction he shall be ~ punished fora second-degree felony. (c) An individual adjudged guilty of a state jail felony shall be punished l ':ll for a third degree felony if it is shown on the trial of the offense that: t (1) a deadly weapon as defined by Section 1.07 was 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 flight following. has been once before convicted of a felony, on conviction he shall be pun the commission of the offense, and that the indivicual used or exhibited the *24 ished for a first-clegree felony. deadly weapon or ·was a party to tl1e 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 the institutional division of the Texas Department of (A) listed in Section 3g(a)(1), Article 42.12, Code of Criminal Proce~ Criminal Justice for life, or for any term of not more than 99 years or less dure; or 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. Se,ction 3g(a)(2), Article 42.12, Code of Criminal Procedure. :li
(Sec/ions 12.35/o 12.40 reserved lor expansion} (one provision /hal will be replaced by another} Subch. D. EXCEPTIONAL SENTENCES (d)(1)* 'fell. unli/01~t·96J 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 previous felony conviction is for an offense that occurred sub For purposes of this subchapter, any conviction not obtained from a prose sequent to the 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 Department 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. ~ .ol (2) "Class B misdemeanor" if the offense is not a 'felony and confine (d)(1 )* 'fell. on ot-01-96J 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 felon'y conviction is for an offense that occurred subse PC §12.42. PENAL TIES FOR REPEAT AND HABITUAL FELONY OFFENDERS. . quent to the tln;t previous conviction having 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 years or less than 25 years. · (one provision /hal will be replaced by anc/her} (a)* •teH. until 01~1-95.J 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 division for life if: defendant has been once before c~mvicted of a felony, on conviction he · shall be punished for a second-degree felony. (A) the defendant is convicted of an offense: (a)* •teH. on 01~1-95.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) uncler 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 ally; or be punished-for a·third-degree felony. ' ! . (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 hm; previous!/ been finally convicted of i tion (d) of that section, if the defendant committed the offense with the. two felonies, and the second previous felony conviction is for an offense intent to commit a felony described by Subparagraph (i) or (ii) or a felony !. that occurred subsequent to the fimt previous conviction having become under Section 21. ·11 or 22.011, Penal Code; and ~: final, on conviction the defendant sl1all be punished for a secorid·degree (B) thEI 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 •\3.25 or 43.26, Penal Code: . Section 12.35(c) or on the trial l)f 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 •I committed the offense with the intent to violate or a~ , ) __ ally: or ·i' *25 . ,·
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.Form 211-FINAL SHEET
AND THE GRAND JURORS AFORESAID do further present 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 *26 . l
legally convicted in said last named court of a '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
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. Foreman of the Grand]ur'i---~~-- .... lt7/'
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: on the 17TH day of JULY,
A.D. 1987, in the CRIMINAL DISTRICT COURT of DALLAS County, Texas, in
cau.se number· F87-77432-KH on the docket of said Court [1] the said
REGINALD ARLIEGH NOBLE under the name of REGINALD ARLEIGH NOBLE, was
duly and legally ~onvicted in said last named court of a felony, to-
wit: BURGLARY OF A BUILDING, as charged in the indictment, upon an
indictm~nt then legally pending in said last named.Court and of which
said court had jurisdiction; and ~aid conviction was a final
. I
~onviction and was a conviction for an offense committed by him, the
said REGINALD ARLIEGH NOBLE, prior to the commission and conviction of
th·e offense hereinbefore charged against him [1] in the second paragraph
hereof, and said commission and conviction set forth in this paragraph
~as 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 Di1,1irict Attorney, Dallas County, Texas. FOreman of the Grand Jury