Texas Codes

Tex. Penal Code § 12.35 (2026)

State Jail Felony Punishment

✓ current as of May 2026

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Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (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) under Section 21.02 or 21.03 or listed in Article 42A.054(a), Code of Criminal Procedure; or

(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.48, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 13, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.81, eff. January 1, 2017.

Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.001, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 13, eff. September 1, 2025.

SUBCHAPTER D. EXCEPTIONAL SENTENCES

Notes of Decisions

Cited in 733 cases (65 in the last 5 years), 1995–2026 · leading case: State v. Mancuso, 919 S.W.2d 86 (Tex. Crim. App. 1996).

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State v. Mancuso, 919 S.W.2d 86 (Tex. Crim. App. 1996). · cites it 10× “art. 44.01(b). The Court of Appeals affirmed.”

State v. Brown, 314 S.W.3d 487 (Tex. App. 2010). · cites it 12× “TEX. PENAL CODE ANN. § 12.35 (Vernon Supp.”

Palmberg, Bryan Elliott, 491 S.W.3d 804 (Tex. Crim. App. 2016). · cites it 2× “See Tex. Penal Code § 12.35(a) (punishment for a state jail felony is "any term of not more than two years Or less than 180 days”).”

Drichas v. State, 175 S.W.3d 795 (Tex. Crim. App. 2005). · cites it 2× “TEX. PENAL CODE § 12.35(c). The trial court granted the motion.”

Dretke v. Haley, 541 U.S. 386 (2004). · cites it 2× “Tex. Penal Code Ann. § 12.35 (a) (2003). But as a result of a congeries of mistakes made by the prosecutor, the trial judge, and his attorney, respondent was also erroneously convicted and sentenced under Texas' habitual offender law, § 12.”

Crumpton v. State, 301 S.W.3d 663 (Tex. Crim. App. 2009). · cites it 4× “TEX. PENAL CODE ANN. §§ 12.35, 19.05 (Vernon 2003).”

Ex parte Pue, 552 S.W.3d 226 (Tex. Crim. App. 2018). · cites it 2× “04(b)(1) (West 2008). However, in this case, because the State charged, and the jury found, that Applicant's vehicle was a deadly weapon, his punishment range before any further enhancement, was elevated to a third degree felony under Tex.”

Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (5th Cir. 2008). · cites it 2× “[7] Tex. Penal Code Ann. §§ 12.35 (a), 43.23(a)(d).”

Deen v. State, 509 S.W.3d 345 (Tex. Crim. App. 2017). · cites it 3× “For these reasons, I would uphold the judgment of the court of appeals awarding appellant a new punishment hearing.”

York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011). · cites it 2× “14 (listing statutory special punishment-phase issues that can be given to jurors, including: finding a deadly-weapon was used, TEX. PENAL CODE § 12.35(c)(1); finding that an offense was committed because of bias or prejudice, TEX.”

United States v. Jesus Martin Caicedo-Cuero, 312 F.3d 697 (5th Cir. 2002). · cites it 2× “As a condition of community supervision, the law allowed trial courts to require defendants to serve a maximum of 60 days in a state jail felony facility. Id. § 15(d).”

Ex Parte Watkins, 73 S.W.3d 264 (Tex. Crim. App. 2002). · cites it 2× “[14] In Texas, for example, jurors may be given special issues on whether the defendant: 1) used a deadly weapon at the time of the offense, Tex. Penal Code § 12.35(c)(1); 2) was motivated by a particular bias or prejudice in committing the offense, Tex.”

Show all 733 citing cases →

— Tex. Penal Code § 12.35(C) — 1 case

Shawn Patrick Thurman v. the State of Texas (Tex. App. 2021).

— Tex. Penal Code § 12.35(a) — 196 cases

Palmberg, Bryan Elliott, 491 S.W.3d 804 (Tex. Crim. App. 2016). “See Tex. Penal Code § 12.35(a) (punishment for a state jail felony is "any term of not more than two years Or less than 180 days”).”

In re Interest of K-A.B.M., 551 S.W.3d 275 (Tex. App. 2018).

Lang, Terri Regina, 561 S.W.3d 174 (Tex. Crim. App. 2018).

State v. Mancuso, 919 S.W.2d 86 (Tex. Crim. App. 1996). “art. 44.01(b). The Court of Appeals affirmed.”

State v. Webb, 12 S.W.3d 808 (Tex. Crim. App. 2000).

— Tex. Penal Code § 12.35(b) — 5 cases

Johnny Louis Torres, Jr v. State, 391 S.W.3d 179 (Tex. App. 2012).

1812 Franklin Street, Bonham, Texas v. State (Tex. App. 2020).

Robin Ferguson v. the State of Texas (Tex. App. 2022).

Devin Eric Mims v. State (Tex. App. 2010).

Joseph Cordell Mouton v. State (Tex. App. 2013).

— Tex. Penal Code § 12.35(c) — 39 cases

Drichas v. State, 175 S.W.3d 795 (Tex. Crim. App. 2005). “TEX. PENAL CODE § 12.35(c). The trial court granted the motion.”

Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017).

Crumpton v. State, 301 S.W.3d 663 (Tex. Crim. App. 2009). “TEX. PENAL CODE ANN. §§ 12.35, 19.05 (Vernon 2003).”

Deen v. State, 509 S.W.3d 345 (Tex. Crim. App. 2017). “For these reasons, I would uphold the judgment of the court of appeals awarding appellant a new punishment hearing.”

State v. Mancuso, 919 S.W.2d 86 (Tex. Crim. App. 1996). “art. 44.01(b). The Court of Appeals affirmed.”

— Tex. Penal Code § 12.35(c)(1) — 34 cases

Ex parte Pue, 552 S.W.3d 226 (Tex. Crim. App. 2018). “04(b)(1) (West 2008). However, in this case, because the State charged, and the jury found, that Applicant's vehicle was a deadly weapon, his punishment range before any further enhancement, was elevated to a third degree felony under Tex.”

York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011). “14 (listing statutory special punishment-phase issues that can be given to jurors, including: finding a deadly-weapon was used, TEX. PENAL CODE § 12.35(c)(1); finding that an offense was committed because of bias or prejudice, TEX.”

Ex Parte Watkins, 73 S.W.3d 264 (Tex. Crim. App. 2002). “[14] In Texas, for example, jurors may be given special issues on whether the defendant: 1) used a deadly weapon at the time of the offense, Tex. Penal Code § 12.35(c)(1); 2) was motivated by a particular bias or prejudice in committing the offense, Tex.”

State v. Brown, 314 S.W.3d 487 (Tex. App. 2010). “TEX. PENAL CODE ANN. § 12.35 (Vernon Supp.”

Bunton v. State, 136 S.W.3d 355 (Tex. App. 2004).

— Tex. Penal Code § 12.35(c)(2) — 7 cases

Drichas v. State, 152 S.W.3d 630 (Tex. App. 2004).

Rodney Jackson v. State (Tex. App. 2011).

Robert Justin Moorhead v. State (Tex. Crim. App. 2015).

Rickey Bernard Russeau v. the State of Texas (Tex. App. 2023).

Ricky Russell Kucha v. State (Tex. App. 2011).

— Tex. Penal Code § 12.35(c)(2)(A) — 12 cases

Deen v. State, 509 S.W.3d 345 (Tex. Crim. App. 2017). “For these reasons, I would uphold the judgment of the court of appeals awarding appellant a new punishment hearing.”

Patricia Donaldson v. State (Tex. App. 2014).

Kelvin Duane Rivers v. State (Tex. App. 2017).

— Tex. Penal Code § 12.35(c)(2)(B) — 5 cases

Kevin Eugene Tucker v. State of Texas, 61 S.W.3d 446 (Tex. App. 2001).

Hernandez v. State, 929 S.W.2d 11 (Tex. Crim. App. 1996).

Sidney C. Lynch v. State (Tex. App. 2016).

Jose Alfredo Jimenez v. the State of Texas (Tex. App. 2023).

Richardson, Cristal Paullett (Tex. 2015).

— Tex. Penal Code § 12.35(c)(2)(a) — 1 case

Duckworth v. State, 89 S.W.3d 747 (Tex. App. 2002).

— Tex. Penal Code § 12.35(e) — 2 cases

State v. Mancuso, 919 S.W.2d 86 (Tex. Crim. App. 1996). “art. 44.01(b). The Court of Appeals affirmed.”

Drichas v. State, 152 S.W.3d 630 (Tex. App. 2004).

— Tex. Penal Code § 12.35(e)(1) — 1 case

State v. Hudson, 915 S.W.2d 879 (Tex. App. 1995).

— Tex. Penal Code § 12.35(e)(2) — 1 case

Wilkerson v. State, 927 S.W.2d 112 (Tex. App. 1996).

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