Texas Penal Code 12.425 – Penalties for Repeat and Habitual Felony Offenders On Trial for State Jail Felony
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(a) If it is shown on the trial of a state jail felony punishable under § 12.35(a) that the defendant has previously been finally convicted of two state jail felonies punishable under § 12.35(a), on conviction the defendant shall be punished for a felony of the third degree.
(b) If it is shown on the trial of a state jail felony punishable under § 12.35(a) that the defendant has previously been finally convicted of two felonies other than a state jail felony punishable under § 12.35(a), and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a felony of the second degree.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Penal Code 12.425
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If it is shown on the trial of a state jail felony for which punishment may be enhanced under § 12.35(c) that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under § 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.