Barnes v. State (2000)
In Barnes v. State, 70 S.W.3d 294 (Tex. App.--Fort Worth 2000, pet. ref'd), a burglary conviction was used to enhance two separate, subsequent convictions.
On appeal, Barnes claimed that the use of a prior conviction to enhance two subsequent convictions violated his right against double jeopardy.
The court recognized that double jeopardy principles are generally not applicable to noncapital sentencing proceedings. Id. at 303.
In holding that double jeopardy did not bar prosecution, Barnes relied upon United States Supreme Court precedent that enhanced punishments for repeat offenders do not violate the Double Jeopardy Clause of the United States Constitution because such enhanced punishment neither place a defendant in jeopardy of being twice tried for an offense nor subject such a defendant to additional punishment for the previous offense used for enhancement purposes. Id.