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STATE v. WARNER

No. 01-95-00753-CR.

915 S.W.2d 873 (1995)

The STATE of Texas, Appellant, v. Gary William WARNER, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused April 10, 1996.

Attorney(s) appearing for the Case

John B. Holmes, Calvin A. Hartman, Sheila Wollam, Houston, for Appellant.

Laine D. Lindsey, Houston, for Appellee.

Before TAFT, COHEN and HEDGES, JJ.

OPINION

TAFT, Justice.

In this case, the State appeals and asks us to determine whether the habitual offender provision of section 12.42(d) of the Penal Code applies when a defendant who has been convicted of two or more prior felony offenses is subsequently convicted of a state jail felony. TEX.PENAL CODE ANN. § 12.42(d) (Vernon 1994). We hold that it does not.

Facts

Appellee was...

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