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Sentencing in Texas

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brittsmom1984

Junior Member
What is the name of your state (only U.S. law)? Texas
What kind of prison sentence is a 2x convicted felony[been to prison 2x],looking at on poss of controlled substance<1gram,ucw,and felon in possession of firearm? The possession of cont substance and felon in poissession of firearm are filed as felony charges.
 
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Some Random Guy

Senior Member
Get a lawyer.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON.
Depending on the circumstances, this may be a misdemeanor or a felony.

"whoever shall have been three times convicted of a felony less than capital shall on such third conviction be imprisoned for life in the penitentiary." from article 63 of the Texas Penal Code.
 

CavemanLawyer

Senior Member
Whoa don't scare him...at least not that much. Article 63 was repealed many years ago.

If by "prison" you mean TDCJ then you are considered habitual. The firearm by a felon charge is a 3rd degree and with two enhancements it means the punishment range is 25-99 years or life. The possession case is most likely a state jail felony double enhanced to a 2nd degree with a range of 2-20 years. Because of the firearm they could also seek a deadly weapon finding making the possession charge a 3rd degree instead, and with the two enhancements you'd again be looking at 25-99 years or life on that as well.

If by prison you actually mean state jail, than that changes things. If you've got two trips to state jail than that is just a single enhancement. The 3rd deg. firearm charge becomes a second degree (2-20) and the less than a gram drug charge becomes a 3rd degree (2-10 years.)
 

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