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STATE v. WILLIAMS

No. 11-95-102-CR.

912 S.W.2d 877 (1995)

STATE of Texas, Appellant, v. Preston WILLIAMS, Appellee.

Court of Appeals of Texas, Eastland.

December 21, 1995.

Attorney(s) appearing for the Case

John B. Holmes, District Attorney, Houston, for appellant.

Roland Brice Moore, III, Houston, for appellee.

Before ARNOT, C.J., and DICKENSON and WRIGHT, JJ.

ARNOT, Chief Justice.

The issue on appeal is whether a defendant convicted of a state jail felony, enhanced by allegations of two prior felonies, should be sentenced under the habitual offender statute, TEX.PENAL CODE ANN. § 12.42(d) (Vernon 1994).1 We hold that, under the facts of this case, the defendant should have been sentenced pursuant to Section 12.42(d). We reverse and remand.

Appellee entered a plea of guilty to the...

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