Applicant has raised various claims in this habeas corpus proceeding. The trial court and the State have recommended granting applicant habeas corpus relief because one of applicant's prior felony convictions that were used for enhancement purposes was a state jail felony forgery conviction which, under our decision in Campbell v. State, cannot be used for enhancement purposes under Section 12.42(d). See Campbell v. State, 49 S.W.3d 874, 877 (Tex.Cr.App. 2001) (unaggravated state jail felonies cannot be used for enhancement purposes under Section 12.42(d). We, therefore, agree that applicant's sentence was improperly enhanced with his prior state jail felony forgery conviction and that he should have been sentenced as a second degree felon under Section 12.42(a)(3), Texas Penal Code.
Habeas corpus relief is granted. That part of the judgment assessing applicant's sentence in cause number 3305 in the 154th District Court of Lamb County is vacated and the cause is remanded for a new assessment of applicant's sentence as a second degree felon pursuant to Section 12.42(a)(3). A copy of this opinion will be forwarded to the Texas Department of Criminal Justice, Institutional Division. All other requested habeas corpus relief is denied.
Delivered: April 9, 2003
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