State v. Webb

12 S.W.3d 808, 2000 Tex. Crim. App. LEXIS 24, 2000 WL 228432
CourtCourt of Criminal Appeals of Texas
DecidedMarch 1, 2000
Docket1901-98
StatusPublished
Cited by87 cases

This text of 12 S.W.3d 808 (State v. Webb) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Webb, 12 S.W.3d 808, 2000 Tex. Crim. App. LEXIS 24, 2000 WL 228432 (Tex. 2000).

Opinions

OPINION

JOHNSON,' J.,

delivered the opinion of the Court,

in which McCORMICK, P.J., and MEYERS, MANSFIELD, PRICE, HOLLAND, WOMACK, and KEASLER, J.J., joined.

Appellee Harvey Lee Webb was convicted on two counts of possession of a controlled substance, a non-aggravated state jail felony. See Tex. Health & Safety Code § 481.115(b); Tex. Pen.Code § 12.35(a). The indictment contained two enhancement paragraphs. The first alleged two sequential prior felonies, which would increase the punishment range' to that of a second-degree felony. See Tex. Penal Code § 12.42(a)(2). The second enhancement paragraph alleged two additional sequential prior felonies. The state argued that under Tex. Pen.Code § 12.42(d) (Vernon Supp.1999), known as the “habitual felony offender” statute,1 the punishment could be further enhanced to a term between twenty-five and ninety-nine years. The trial court found the priors listed in the enhancement paragraphs to be true. However, it ruled that while the primary state jail felony could be properly enhanced under § 12.42(a)(2), it could not be further enhanced under § 12.42(d). Pursuant to § 12.42(a)(2), the court assessed punishment at twenty years confinement.

In an unpublished opinion, a three-judge panel of the Fort Worth Court of Appeals initially affirmed the trial court’s judgment. State v. Webb, Nos. 2-97-617-CR & 2-97-737-CR (Tex.App.-Fort Worth July 30, 1998) (not designated for publication). The state’s motion for rehearing en banc was subsequently granted, and the July 30, 1998 opinion was withdrawn. On November 5, 1998, the Court of Appeals, sitting en banc, unanimously affirmed the judgment of the trial court, this time in a published opinion. State v. Webb, 980 S.W.2d 924 (Tex.App.-Fort Worth 1998). In affirming the trial court on the issue of enhancement, the court relied on one of its prior opinions, State v. White, 959 S.W.2d 375 (Tex.App. —Fort Worth 1998, pet. ref'd). In White, 959 S.W.2d at 378, the court held that the legislature had intended to exclude state jail felonies punishable under § 12.35(a) and subject to enhancement under § 12.42(a)(2), from the class of [810]*810felony offenses that fall under § 12.42(d). Based on White, the court of appeals held that in the instant case, the trial court correctly determined that appellee’s enhanced state jail felony conviction was not subject to further enhancement. Webb, 980 S.W.2d at 927-928.

We granted the state’s petition for discretionary review to determine whether a state jail felony conviction, enhanced to the punishment range for second-degree felonies under Tex. Pen.Code § 12.42(a)(2), may be further enhanced to the punishment range of twenty-five to ninety-nine years under § 12.42(d). We will affirm.

ANALYSIS

Section 12.85, titled “State Jail Felony Punishment,” provides:

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(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 for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual 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 of any felony:
(A) listed in Section 3g(a)(l), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

Section 12.42, titled “Penalties for Repeat and Habitual Felony Offenders,” provides in relevant part:

(a)(1) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
(2) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
(3) If it is shown on the trial of a state jail felony punishable 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 shall be punished for a second-degree felony.
(b) If it is shown on the trial of a second-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
[[Image here]]
(d)If it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any [811]*811term of not more than 99 years or less than 25 years.
[[Image here]]

Under our approach to statutory interpretation, we look to the literal text of the statute for its meaning, and we ordinarily give effect to that plain meaning, unless application of the statute’s plain language would lead to absurd consequences that the Legislature could not possibly have intended, or if the plain language is ambiguous. Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App.1991).

The state contends that the phrase “punishable under,” as used throughout § 12.42, refers to the specific provision providing the range of punishment under which the defendant’s sentence is assessed. That is, although appellee was tried and convicted of a state jail felony “punishable under § 12.35(a),” once his conviction was enhanced pursuant to § 12.42(a)(2), it was no longer “punishable under § 12.35(a),” but was instead “punishable under § 12.42(a)(2).” As such, the state asserts that § 12.42(d) allows for further enhancement, with the requisite felony offenses.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

James Arthur Preston v. the State of Texas
Court of Appeals of Texas, 2023
Reginald Reece v. the State of Texas
Court of Appeals of Texas, 2023
Davis, Darrell W.
Court of Criminal Appeals of Texas, 2023
Brady Allan Goss v. the State of Texas
Court of Appeals of Texas, 2022
Harry Donald Nicholson, Jr. v. State
Court of Appeals of Texas, 2019
Brandon Paul Viator v. State
Court of Appeals of Texas, 2019
Oliva v. State
525 S.W.3d 286 (Court of Appeals of Texas, 2017)
Crawford v. State
509 S.W.3d 359 (Court of Criminal Appeals of Texas, 2017)
Cody Lang Thomas v. State
481 S.W.3d 685 (Court of Appeals of Texas, 2015)
Isreal Reyes, Sr. v. State
Court of Appeals of Texas, 2015
David Wayne Stokes, Jr. v. State
Court of Appeals of Texas, 2015
Enrique Sanchez Salazar v. State
474 S.W.3d 832 (Court of Appeals of Texas, 2015)
Walter Earl Taylor v. State
461 S.W.3d 223 (Court of Appeals of Texas, 2015)
Reinke, Ex Parte Brad
370 S.W.3d 387 (Court of Criminal Appeals of Texas, 2012)
Pfeiffer v. State
363 S.W.3d 594 (Court of Criminal Appeals of Texas, 2012)
Pfeiffer, Lavern A.
Court of Criminal Appeals of Texas, 2012
Reinke v. State
348 S.W.3d 373 (Court of Appeals of Texas, 2011)
RUNNINGWOLF v. State
317 S.W.3d 829 (Court of Appeals of Texas, 2010)
Ford v. State
313 S.W.3d 434 (Court of Appeals of Texas, 2010)
State v. Brown
314 S.W.3d 487 (Court of Appeals of Texas, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
12 S.W.3d 808, 2000 Tex. Crim. App. LEXIS 24, 2000 WL 228432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-webb-texcrimapp-2000.