The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023.
PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal.
Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May 4, 2023, no pet.) (mem. op., not designated for publication).
Smith pleaded guilty to one count of engaging in organized criminal activity and two counts of forging financial instruments. He also pleaded true to an enhancement paragraph alleging a 1997 Georgia conviction for the non-state-jail felony offense of theft by receiving stolen property. Following a punishment hearing, the trial court sentenced Smith to 17 years’ confinement. On appeal, Smith contended that his sentence was illegal because his 1997 Georgia conviction did not qualify as an enhancing conviction under subsections 12.41(1) and 12.42(a) of the Texas Penal Code.
Consequently, in Smith’s view, his assessed punishment of 17 years’ confinement exceeded the statutorily permissible range of 10 years’ confinement for a third-degree felony and was therefore unlawful. The court disagreed.