Can a 3rd degree felony be changed to 2nd degree felony in Texas? He is in jail for 2 DUIs so he was charged with a 3rd degree felony. He was assigned a court appointed attorney on June 13 who hasn't even made contact with him other than to send a letter to say the assistant DA changed his charges to 2nd felony so he could try to get his sentence changed from 3 years to 20. He's in Texas.
Answer
Texas "justice" is at work. Yes, the DWI - not DUI, can be "enhanced" to a third degree felony. Depending upon previous felony convictions, the case can be enhanced to a second degree felony.
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