The State of Texas, Appellant v. Vincent Edward Mancuso and Justin Aaron Greenhaw, Appellees

Summary

The Court of Criminal Appeals affirmed the lower court's sentencing of the appellants under Tex. Penal Code §12.35 and Art. 42.12 §15, holding that §12.42(d) does not apply to state jail felonies committed before Jan. 1, 1996. The majority relied on the plain meaning of the statutes and the specific provisions governing state jail felonies. Two dissenting judges argued that the habitual offender statute should apply and would have reversed.