Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS. (a) If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for any term of not more than one year or less than 90 days; or
(3) both such fine and confinement.
(b) If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for any term of not more than 180 days or less than 30 days; or
(3) both such fine and confinement.
(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
(d) If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 564, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Cited in
36
cases (
4 in the last 5 years), 1980–2025 · leading case:
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008).
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008).
· cites it 2× “If the felony murder convictions are retained, then Appellant could be charged with a misdemeanor DWI enhanced by a prior felony conviction.”
Augustin Gabriel Cabrera v. State, 513 S.W.3d 35 (Tex. App.—Houston [14th Dist.] 2016).
· cites it 4× “14 The trial court’s pre-trial statements do not show that the trial court failed to consider the full range in assessing punishment after the jury found 12 See Tex. Penal Code Ann. § 12.43 (a) (West, Westlaw through 2015 R.”
State v. Morgan, 110 S.W.3d 512 (Tex. App.—Beaumont 2003).
· cites it 7× “[3] The trial court's position in similar cases was that the State charged a Class B misdemeanor DWI, with a punishment enhancement paragraph, therefore any enhancement of appellee's punishment would be under Tex. Pen.Code Ann. § 12.43(b) (Vernon 2003).”
Carachuri-Rosendo v. Holder, 570 F.3d 263 (5th Cir. 2009).
“See Tex. Penal Code § 12.43. In October 2006, Carachuri received notice that he was removable for having “been convicted of a violation of .”
Hudson v. State, 145 S.W.3d 323 (Tex. App.—Fort Worth 2004).
“The State argues that notice given six days before the beginning of the punishment phase of the trial represented timely notice of its intention to use prior convictions for enhancement purposes under section 12.”
Oliva v. State, 525 S.W.3d 286 (Tex. App.—Houston [14th Dist.] 2017).
“Tex. Penal Code § 12.43(a) (West 2015). The maximum jail sentence is still one year.”
Renshaw v. State, 981 S.W.2d 464 (Tex. App.—Texarkana 1999).
“Tex Penal Code Ann. § 12.43(b) (Vernon Supp.”
Bullard v. Estelle, 502 F. Supp. 887 (N.D. Tex. 1980).
“Tex.Penal Code § 12.43 (habitual misdemeanor offenders).”
Esau Poree v. State, No. 03-16-00561-CR (Tex. App.—Austin Jan. 3, 2017).
· cites it 3× “15 Tex. Pen. Code § 12.43(a) ...............”
State v. Mark Hamilton Morgan, No. 09-03-00121-CR (Tex. App.—Beaumont June 4, 2003).
· cites it 4× “(3) The trial court's position in similar cases was that the State charged a Class B misdemeanor DWI, with a punishment enhancement paragraph, therefore any enhancement of appellee's punishment would be under Tex. Pen. Code Ann. §12.43 (b) (Vernon 2003).”
Augustin Gabriel Cabrera v. State, No. 14-15-00663-CR (Tex. App.—Houston [14th Dist.] Oct. 11, 2016).
· cites it 2× “See Tex. Penal Code Ann. § 12.43 (a)(2). The State did not present any evidence at punishment to prove the enhancement paragraph.”
Dwayne Uterral Hardeman v. State, No. 11-16-00244-CR (Tex. June 27, 2017).
· cites it 2× “Tex. Pen. Code Ann. § 12.43 (a). Because the jury did not have the option to find Appellant guilty of the lesser-included offense of bodily injury family violence assault, Appellant was harmed by the trial court's error.”
Tex. Penal Code § 12.43(a): 5 cases
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008).
“If the felony murder convictions are retained, then Appellant could be charged with a misdemeanor DWI enhanced by a prior felony conviction.”
Oliva v. State, 525 S.W.3d 286 (Tex. App.—Houston [14th Dist.] 2017).
“Tex. Penal Code § 12.43(a) (West 2015). The maximum jail sentence is still one year.”
Esau Poree v. State, No. 03-16-00561-CR (Tex. App.—Austin Jan. 3, 2017).
“15 Tex. Pen. Code § 12.43(a) ...............”
Tex. Penal Code § 12.43(a)(1): 2 cases
Tex. Penal Code § 12.43(a)(2): 6 cases
Augustin Gabriel Cabrera v. State, 513 S.W.3d 35 (Tex. App.—Houston [14th Dist.] 2016).
“14 The trial court’s pre-trial statements do not show that the trial court failed to consider the full range in assessing punishment after the jury found 12 See Tex. Penal Code Ann. § 12.43 (a) (West, Westlaw through 2015 R.”
Augustin Gabriel Cabrera v. State, No. 14-15-00663-CR (Tex. App.—Houston [14th Dist.] Oct. 11, 2016).
“See Tex. Penal Code Ann. § 12.43 (a)(2). The State did not present any evidence at punishment to prove the enhancement paragraph.”
Tex. Penal Code § 12.43(b): 4 cases
State v. Morgan, 110 S.W.3d 512 (Tex. App.—Beaumont 2003).
“[3] The trial court's position in similar cases was that the State charged a Class B misdemeanor DWI, with a punishment enhancement paragraph, therefore any enhancement of appellee's punishment would be under Tex. Pen.Code Ann. § 12.43(b) (Vernon 2003).”
Renshaw v. State, 981 S.W.2d 464 (Tex. App.—Texarkana 1999).
“Tex Penal Code Ann. § 12.43(b) (Vernon Supp.”
Tex. Penal Code § 12.43(b)(1): 1 case
Tex. Penal Code § 12.43(b)(2): 3 cases
Tex. Penal Code § 12.43(d): 2 cases
State v. Morgan, 110 S.W.3d 512 (Tex. App.—Beaumont 2003).
“[3] The trial court's position in similar cases was that the State charged a Class B misdemeanor DWI, with a punishment enhancement paragraph, therefore any enhancement of appellee's punishment would be under Tex. Pen.Code Ann. § 12.43(b) (Vernon 2003).”
Tex. Penal Code § 12.43(e): 1 case
Dwayne Uterral Hardeman v. State, No. 11-16-00244-CR (Tex. June 27, 2017).
“Tex. Pen. Code Ann. § 12.43 (a). Because the jury did not have the option to find Appellant guilty of the lesser-included offense of bodily injury family violence assault, Appellant was harmed by the trial court's error.”
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