You make the call.
Basic law: If you possess between 1 and 4 grams of dope, the range of punishment is that of a Third Degree Felony (2 to 10 years in the pen.) To wrap your brain around that, a gram is the equivalent of a Sweet N Low packet.
Bonus law: If you commit the above offense but previously had been convicted of any felony and gone to the pen, got out, got convicted of another felony and sent to the pen again (regardless of the type of felonies and regardless of the length of the sentences) then you can be "Enhanced" to a "Habitual Offender." The new range of punishment for what had been a Third Degree is now no less than 25 years and no more than Life. Absent a plea bargain, the jury gets to pick that number.
So . . . a guy in Tyler gets caught with a whopping 1.46 grams of meth (not exactly Pablo Escobar), but he has the unfortunate background of being sent to the pen twice before.
So the jury says ...............Answer.
Yeah, yeah. Sure he's a "loser" and he "broke the law" but, in the end, it was 1.46 grams of dope.
at 4:56 PM