The State of Texas v. Harvey Lee Webb, Appellee

Summary

The Court affirmed the Court of Appeals, holding that a state jail felony conviction enhanced under Texas Penal Code §12.42(a)(2) cannot be further enhanced under §12.42(d). The decision rests on a textual reading that the offense remains punishable under §12.35(a), making §12.42(d) inapplicable. Justice Keller, in a concurring opinion, agreed with the result but argued the statute is ambiguous.