Waits v. State
Waits v. State
Opinion of the Court
OPINION
The opinion of the Court was delivered
A jury convicted Appellant of possession of a controlled substance, a state-jail felony. The jury also found the enhancement allegations to be true and assessed punishment at confinement for fifteen years. The Court of Appeals affirmed the conviction. Waits v. State, 9 S.W.3d 904 (Tex.
In Campbell v. State, (Tex.Crim.App. No.2031-99, delivered March 7, 2001), this Court held that the terms “felony” and “state-jail felony” as used in § 12.42(a) are mutually exclusive. At the time the Court of Appeals decided this case, it did not have the benefit of this Court’s opinion in Campbell. Accordingly, we grant ground one of Appellant’s petition for discretionary review and remand the case to the Court of Appeals in fight of our opinion in Campbell.
Reference
- Full Case Name
- Orrin WAITS v. The STATE of Texas
- Cited By
- 5 cases
- Status
- Published