Court of Criminal Appeals of Texas

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

February 21, 19961996 Tex. Crim. App. LEXIS 21

Summary

The Court of Criminal Appeals of Texas affirmed the lower court's sentencing of the appellees under Texas Penal Code §12.35 and Article 42.12, §15, holding that the habitual offender statute §12.42(d) does not apply to state jail felonies without the specific circumstances of §12.35(c); the majority relied on the plain meaning of the statutes and legislative intent. The dissenting opinions argued that §12.42(d) should apply and would have reversed the judgment.