Tex. Codes » Penal Code · TITLE 3. PUNISHMENTS · CHAPTER 12. PUNISHMENTS
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Tex. Penal Code § 12.425 (2026)

Penalties For Repeat And Habitual Felony Offenders On Trial For State Jail Felony

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Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) 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 punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the third degree.

(b) 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 other than a state jail felony punishable under Section 12.35(a), 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 felony of the second degree.

(c) If it is shown on the trial of a state jail felony for which punishment may be enhanced under Section 12.35(c) that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.

Added by Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 5, eff. September 1, 2011.

Notes of Decisions
Cited in 217 cases (63 in the last 5 years), 2012–2026 · leading case: Broussard, Kenneth, 517 S.W.3d 814 (Tex. Crim. App. 2017).
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Broussard, Kenneth, 517 S.W.3d 814 (Tex. Crim. App. 2017). “Tex. Penal Code §§ 12.425(a), 12.34(a). .”
Cox, Gilmore Franklin, 482 S.W.3d 112 (Tex. Crim. App. 2016). “Tex. Penal Code §§ 12.425(b), 12.42(d). ; Tex Penal Code §§ 12.”
Jamie Lee Bledsoe v. State, 480 S.W.3d 638 (Tex. App.—Texarkana 2015). · cites it 3× “Tex. Penal Code Ann. § 12.425 (b) (West Supp.”
Donaldson v. State, 476 S.W.3d 433 (Tex. Crim. App. 2015). · cites it 3× “Tex Penal Code Ann. § 12.425 (West 2013).”
Davison, Anthony Ray, 405 S.W.3d 682 (Tex. Crim. App. 2013). “The indictment contains three "Enhancement Paragraphs” alleging previous sequential burglary convictions, and in the "Guilty Plea Memorandum” the appellant "agree[d] and confessed] that all the acts and allegations in said pleading are true and correct.”
Straight v. State, 515 S.W.3d 553 (Tex. App.—Houston [14th Dist.] 2017). “Under Texas Penal Code section 12.425(a), a state jail felony is enhanced to a third degree felony upon a finding that the defendant previously has been convicted of two state jail felonies, .”
Cody Lang Thomas v. State, 481 S.W.3d 685 (Tex. App.—Texarkana 2015). · cites it 5× “See Tex. Penal Code Ann. § 12.425 (West Supp.”
Dwayne Holmes v. State, 380 S.W.3d 307 (Tex. App.—Fort Worth 2012). · cites it 2× “Laws 2734 , 2735 (recodified 2011) (current version at Tex. Penal Code Ann. § 12.425 (a) (West Supp.”
Thomas v. State, 516 S.W.3d 498 (Tex. Crim. App. 2017). “at 693 ; Tex. Penal Code § 12.425. Thus, the court of appeals held that the enhanced sentence imposed by the trial court was outside the permissible range of punishment for a state-jail felony, Thomas, 481 S.”
Johnny Louis Torres, Jr v. State, 391 S.W.3d 179 (Tex. App.—Houston [1st Dist.] 2012). “Tex. Penal Code Ann. § 12.425 (b) (West 2011).”
Gary Carson v. State, 515 S.W.3d 372 (Tex. App.—Texarkana 2017). “2016), the penalties being enhanced by previous convictions, Tex. Penal Code Ann. § 12.425 (West Supp.”
Moorhead v. State, 483 S.W.3d 246 (Tex. App.—Texarkana 2016). “See generally Tex. Penal Code Ann. § 12.425 (West Supp.”
Show all 217 citing cases →
Tex. Penal Code § 12.425(a): 51 cases
Broussard, Kenneth, 517 S.W.3d 814 (Tex. Crim. App. 2017). “Tex. Penal Code §§ 12.425(a), 12.34(a). .”
Straight v. State, 515 S.W.3d 553 (Tex. App.—Houston [14th Dist.] 2017). “Under Texas Penal Code section 12.425(a), a state jail felony is enhanced to a third degree felony upon a finding that the defendant previously has been convicted of two state jail felonies, .”
Garcia, Andres, No. WR-96,457-01 (Tex. Crim. App. Apr. 23, 2025).
Jose Luis Robles A/K/A Jose Robles v. the State of Texas, No. 13-22-00172-CR (Tex. App.—Corpus Christi–Edinburg May 11, 2023).
Cody Lang Thomas v. State, No. 06-14-00110-CR (Tex. App.—Texarkana Mar. 2, 2015).
Tex. Penal Code § 12.425(b): 82 cases
Cox, Gilmore Franklin, 482 S.W.3d 112 (Tex. Crim. App. 2016). “Tex. Penal Code §§ 12.425(b), 12.42(d). ; Tex Penal Code §§ 12.”
Davison, Anthony Ray, 405 S.W.3d 682 (Tex. Crim. App. 2013). “The indictment contains three "Enhancement Paragraphs” alleging previous sequential burglary convictions, and in the "Guilty Plea Memorandum” the appellant "agree[d] and confessed] that all the acts and allegations in said pleading are true and correct.”
Donaldson v. State, 476 S.W.3d 433 (Tex. Crim. App. 2015). “Tex Penal Code Ann. § 12.425 (West 2013).”
Sheri Lue Willhite v. State, No. 06-18-00157-CR, 2019 WL 847218 (Tex. App.—Texarkana Feb. 22, 2019).
Marvin Page v. the State of Texas, No. 07-24-00023-CR (Tex. App.—Amarillo Aug. 27, 2024).
Tex. Penal Code § 12.425(c): 12 cases
Zackery Terrell v. State, No. 01-14-00746-CR (Tex. App.—Houston [1st Dist.] Aug. 16, 2016).
Nathan Frazier v. State, No. 03-19-00024-CR (Tex. App.—Austin Jan. 8, 2021).
Ex Parte Bobby Dion Mitchell, No. 07-20-00298-CR (Tex. App.—Amarillo Mar. 8, 2021).
Brady Allan Goss v. the State of Texas, No. 06-21-00035-CR (Tex. App.—Texarkana Mar. 7, 2022).
Reginald Reece v. the State of Texas, 670 S.W.3d 353 (Tex. App.—Texarkana 2023).
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