Wilbert Campbell, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals reversed the lower appellate court and remanded for a new sentencing hearing, holding that the terms “felony” and “state jail felony” are mutually exclusive in Texas Penal Code §12.42(a). Accordingly, a defendant with prior state jail felony convictions is enhanced only to a third-degree felony under §12.42(a)(1), not to a second-degree felony under §12.42(a)(2). The Court based its decision on a plain‑meaning construction of the statute and rejected the prior court's interpretation as producing an absurd result. Justice Keller dissented, arguing that the statute plainly includes state jail felonies within “felonies” and that the result is not absurd.