two time felon facing 3 possession charges!

[texasdoll]

What is the name of your state (only U.S. law)? Texas

My boyfriend is being charged with three counts of possession of a controlled substance. All three of these are state jail felonies, as they are all less than 1 gram (2 hits of ecstasy and residue in a pipe). However, he is a two time felon, one in Texas for possession of marijuana (served 2 years, a defferred ajudication) and one in Tennessee (while out on probation for the marijuana charge) that was not related to drugs. He has a lawyer but we are trying to figure out what the time in jail looks like. I know that each state jail felony is 180 days to 2 years but if there are 3 charges and he is already a felon...this is where I get lost!

 

[CavemanLawyer]

This is where even lawyers get lost. Enhancements in Texas can be tricky. Enhancements for state jail felonies can be downright impossible to figure out.

There are several different ways that state jail charges can be enhanced. If you have two prior state jail convictions then it is enhanced to a third degree. If you have two prior non state jail felonies (3rd deg, 2nd deg, or 1st deg.) then it is enhanced to a second degree. There are other ways to enhance too for example if you have a prior conviction where there was a deadly weapon finding.

But in order to enhance a state jail you've got to have the proper combination of priors, you can't mix and match. So if you have one prior state jail conviction and one prior non-state jail conviction then you cannot be enhanced at all. Like I said, this stuff is confusing.

To answer your question I need to know more about these priors. You state the first was a deferred probation. Did he complete his probation without being adjudicated and/or revoked? What was the degree? If its marihuana then I assume this was a state jail felony.

What about the charge in Tennessee? You have to take the elements of that offense in that state and compare it to the elements of the corresponding crime in Texas and determine what degree of felony it would have been in Texas.

Need lots of more information about his priors.

 

[texasdoll]

Okie dokie,

So the marijuana charge in Texas was a state felony and when he was out on deferred ajudication, meaning his trial was pushed backed until completion of probabtion, he was charged with a statutory rape felony in Tennessee. So basically, he made it half way through his probation. I've read the texas penal codes on statutory and it seems to be a 2nd degree felony here.
Also, random side note here: the 3 charges he's currently up against are all state felony charges, thus they are 180 days to 2 years in jail. This means that if he is convicted of all three he would be facing up to 6 years in jail, correct?
Please let me know if you need further information and thank you SO much for your help!

 

[cyjeff]

Did Texas repeal three strikes when I wasn't looking?

 

[Son of Slam]

Did Texas repeal three strikes when I wasn't looking?

2 hits of ecstasy and residue in a pipe sound like violent crimes don't they?

 

[cyjeff]

2 hits of ecstasy and residue in a pipe sound like violent crimes don't they?

Apparently, boyfriend is a slow learner.

These crimes aren't violent, but they are habitual.

 

[CavemanLawyer]

texasdoll, I cannot imagine that prior sexual offense being less than a third degree so with that and a prior state jail conviction, none of current charges can be enhanced. So he is looking at 6 months to 2 years on each charge. If these charges are all from the same incident then they run concurrently unless there is a drug free zone allegation. So the maximum he is looking at is 2 years in state jail. He cannot be forced to serve 2 on each charge for a total of 6 years.

cyjeff: My understanding of three strikes your out refers to a mandatory life or a significant mandatory minimum prison sentence for your third felony conviction. Different states have different variations of this. If this is also your understanding then I do not believe Texas has ever had anything that could be called three strikes your out. The max enhancement is a minimum of 25 years if you are charged with a 3rd degree or higher felony and have two prior pen trips (conviction AND sentenced to prison term) for third degree or higher felonies. The only other minimum term enhancement is a minimum of 15 years if you are charged with a first degree and have one prior pen trip for a third degree or higher felony. Other then that all other enhancements just bump you up one or two degrees which increases the range of punishment.

(There are mandatory life sentences for repeat sex offenders though.)