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STATE v. HARRIS

No. 01-95-01387-CR.

921 S.W.2d 376 (1996)

The STATE of Texas, Appellant, v. Jerry HARRIS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 28, 1996.

Attorney(s) appearing for the Case

John B. Holmes, Calvin Hartmann, Houston, for appellant.

Enid Williams, Houston, for appellee.

Before SCHNEIDER, C.J., and ANDELL and TAFT, JJ.

OPINION

TAFT, Justice.

Appellee, Jerry Harris, was convicted of a state jail felony enhanced by two prior felony convictions. The State appeals, claiming the sentence was unlawful because the trial court should have sentenced appellee as an habitual offender pursuant to section 12.42(d) of the Penal Code. This appeal requires us to examine whether section 12.42(d) controls when the trial court sentenced appellee to a class A misdemeanor pursuant to section...

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