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                       •" S 1*.*1.                                                  TEXAS CRIMINAL. LAWS
 .13^
rW
                                                                                                              PENAL CODE
                                                                                                                                                                                     PC §12.42.
            (b) In addition to confinement, an individual adjudged guilty of a state jail
         felony may be punished by a fine not to exceed $10,000.
        • (c) An individual adjudged guilty of a state jail felony shall be punished                         ^™£££fi2£:' ' """• - —*" * -. b.
         for a third degree felony if it is shown on the trial ofthe offense that:
              (1) a deadly weapon as defined by Section 1,07 was used orexhibited
         during the commission of the offense or during immediate flight following
         the commission ofthe offense, and that the indivicual used or exhibited the
         deadly weapon or was a party to the offense and knew that a deadly
         weapon would be used or exhibited; or
               (2) the individual has previously been finally convicted ofany felony:
                  (A) listed in Section 3g(a)(1), Article 42.12, Code of Criminal Proce
         dure; or
                  (B) for which the judgment contains an affirmative finding under
         Section 3g(a)(2), Article 42.12, Code of Criminal Procedure,                           •
         (Sections 12.3610 12.40reservedforexpansion)
                                                                                                                                  lone provision thai will be replaced by another]
         Subch. D. EXCEPTIONAL SENTENCES
         PC §12.41, CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
         For purposes of this subchapter, any conviction not obtained from a prose
         cution under this code shall be classified as follows:
                                                                                                            sequent to the first pS,ZS, hav™ b™ h"! °CCU"e<i sub-
               (1) "felony of the third degree" if imprisonment in a penitentiary Is af
         fixed to the offense as a possible punishment;
                                                                                                            ?^£,ro?^r™
                                                                                                            than 99 years or less than 25 years ""' °r ,or "* le™ °< "»' more
'W1          (2) "Class B misdemeanor" if the offense is not a 'felony and confine
         ment in a jail is affixed to the offense as a possible punishment;
               (3) "Class C misdemeanor" if the offense is punishable by fine only.
         PC §12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY                                                quentto the first previous convlSlon hl^nn k                      e,that occurred subse-
         OFFENDERS.
                                                                                                            shall be punished by mprSSmennn&.nC?me ^ ' 0n convic,ion he
                                                                                                            Department of Criminal J°cTfor Ife or n ST' d'f'°n °f the Texas
                                      lone provision Inst v/ill be replaced by another)                     years or less than 25 years                                  V,erm of not more ,h^ 99
           (a) -k. unm 0141-96.] If it is shown on the trial of a state jail felony punish
         able under Section 12.35(c) or on the trial of a third-degree felony that the
         defendant has been once before convicted of a felony, on conviction he                            divisfoi forliffif"' Sh3" bS PUnished by ^Pnsonmen. in the institutional
         shall be punished for a second-degree felony.
            (a)* -leff. on (How.] (1) If it is shown on the trial of a state jail felonv                          (A!iV^nSefe<=ndatnt
                                                                                                                     I) under Sectionis22.021,
                                                                                                                                        convic,ed of anCode'
                                                                                                                                               Penal    ^ense:
         punishable under Section 12.35(a) that the defendant has previously been-
ym
         finally convicted of two state jail felonies, on conviction the defendant shall
         be punished for athird-degree felony,                                              '              co™„ed(ii)thunder
                                                                                                                       e o.enseSection
                                                                                                                                  with ,h,20.04(a)(4)
                                                                                                                                             intinYILKPpnai rr,wD •* <u _, ,
                                                                                                                                                           o^se'thel^^
         SectlS
         h.?«    iVwaHhTth0",/1!8
              w 12-35(a)that          L"-MfhasaState
                             the defendant           jail felony
                                               previously        Punlsha°le
                                                           been finally       underof
                                                                        convicted                          "on (d) oHhKrio'n="5n,S-?tP7"1 Co<le' pu,llshab's under Subset-
 :jm      wo felonies and the second previous felony conviction is for an offense                          Wen! '°c^^'J^^<%^«><»» °«>™ 3SThe
         E nl?rZiS?bSTey}°
         Sony                            ihe f,rst
                   COnVICt'0n the defendan<    shallprevious conviction
                                                      be punished       having become
                                                                   for asecond-degree
                                                                                                           under Section 21.110,2V2 01',^ Pe„a?Cod^W*^ (" ™(ii) °r ""*ny
              (3) If it is shown on the trial of a state jail felonv Dunishahls nnrw
         Section  12.35(c) or on the trial of aW«^££$^f^%
                                                                                                               . («!) under Sectioni 20 oSi ' Pe , 'o',25'02' Penal Code;
                                                                                                           committed the offonse vmXT^?™^ <he **»nd.nt
