# Waits v. State

> Court of Criminal Appeals of Texas · May 23, 2001 · 46 S.W.3d 888

URL: https://www.frixlaw.com/law-library/cases/5100647

## Case

- **Full name:** Orrin WAITS v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 23, 2001
- **Citations:** 46 S.W.3d 888; 2001 Tex. Crim. App. LEXIS 38; 2001 WL 540757
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5100647

## Opinion text

OPINION
The opinion of the Court was delivered
PER CURIAM.
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. *889 App.—Fort Worth 2000). The Court of Appeals concluded that V.T.C.A. Penal Code, § 12.42(a)(2) permits two sequential prior felony convictions, one of which is a state-jail felony conviction, to enhance a non-aggravated state-jail felony to a second-degree felony. Appellant filed this petition for discretionary review challenging the use of the state-jail felony conviction for enhancement under the language of § 12.42(a)(2), which specifies that felonies may be used, but does not state that state-jail felonies may be used.
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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5100647. Public record. Not legal advice.