How do Texas repeat offender laws and sentence enhancements work?
This question has been addressed in 3 Texas court opinions:
Granado v. The State of Texas
COA13 — January 29, 2026
After being convicted of kidnapping and aggravated assault and sentenced to 25 years in prison, Daniel Granado appealed. His court-appointed counsel filed an Anders brief, asserting that the appeal was frivolous. The Thirteenth Court of Appeals conducted an independent review of the record and the procedural steps taken by counsel. Finding no arguable grounds for error in the adjudication of guilt or the enhanced sentencing, the court affirmed the convictions. This finality is significant for family law proceedings, as it provides a conclusive basis to invoke Texas Family Code § 153.004, which restricts conservatorship and possession for parents with a history of family violence.
Litigation Takeaway
“A final criminal conviction for a violent offense serves as an 'unassailable' evidentiary sword in family court; practitioners should use an appellate affirmance to trigger the mandatory JMC prohibitions and rebuttable presumptions against possession found in Texas Family Code § 153.004.”
EX PARTE BESSIE TEKILA MARTIN
COA02 — February 5, 2026
After Bessie Tekila Martin's deferred adjudication in Tarrant County was adjudicated, she faced new charges in Parker County for the same conduct. She filed a writ of habeas corpus, arguing that the Parker County prosecution was barred by double jeopardy because those offenses had been 'taken into account' during her Tarrant County sentencing under Texas Penal Code Section 12.45. The Second Court of Appeals analyzed the 'paper trail' and found significant record gaps, including missing motions and inconsistent cause numbers. Consequently, the court held that it could not determine which specific offenses were actually admitted and considered, remanding the case for an evidentiary hearing to resolve the factual dispute.
Litigation Takeaway
“A Section 12.45 criminal admission is a 'silver bullet' judicial confession, but it is only as strong as your documentation. In family law, you cannot rely solely on a criminal judgment; you must obtain the plea admonishments and the specific list of unadjudicated offenses to prove exactly what conduct the spouse admitted to, preventing them from escaping the consequences of their confession in civil court.”
EX PARTE BESSIE TEKILA MARTIN
COA02 — February 5, 2026
In Ex parte Martin, the Second Court of Appeals addressed a double jeopardy challenge where a defendant claimed that out-of-county offenses were barred from prosecution because they had been 'taken into account' during a prior sentencing in another county under Texas Penal Code Section 12.45. While the court acknowledged that a valid Section 12.45 agreement bars subsequent prosecution for the admitted conduct, it found the record in this case insufficient to verify which specific offenses were included in the prior plea. Consequently, the court held that a defendant must provide a complete factual record—including the specific list of unadjudicated offenses—to sustain such a claim and remanded the case for further evidentiary development.
Litigation Takeaway
“In family law litigation, a spouse's criminal 'Judgment' is often just the tip of the iceberg; to effectively prove fault or waste of community assets, practitioners must subpoena the full 'plea packet' and the 'Section 12.45 list' to secure a binding judicial confession of the underlying misconduct.”