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WAITS v. STATE

No. 2-99-166-CR.

9 S.W.3d 904 (2000)

Orrin WAITS, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

January 13, 2000.

Attorney(s) appearing for the Case

Law Office of William H. "Bill" Ray, P.C. and William H. "Bill" Ray, Fort Worth, for Appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Asst. Crim. Dist. Atty. and Chief of the Appellate Div., John A. Stride, Robert Martinez, and John Cope, Asst. Crim. Dist. Attys., Fort Worth, for Appellee.

Panel B: DAY, LIVINGSTON, and RICHARDS, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

This case requires us to interpret Texas Penal Code subsection 12.42(a)(2) to determine whether that subsection permits two prior felony convictions (one of which is a state jail felony conviction) to enhance a non-aggravated state jail felony to the punishment level of a second-degree felony. We conclude that as long as the prior two felonies were sequential, such enhancement...

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