Court of Appeals of Texas March 28, 1996, No. 01-95-01387-CR (State v. Harris)

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.