In its fourth issue, the State urges that, even if the TCLEOSE rules constitute impermissible
ex post facto rule-making, the remedy does not authorize the court to vacate appellee's lawfully obtained conviction. In
Scott v. State, in which the Court of Criminal Appeals held that a prior conviction should not have been used to enhance Scott's punishment, the court determined that Scott's punishment in a subsequent prosecution should not have been enhanced by the prior offense.
Scott v. State, 55 S.W.3d 593, 597 (Tex.Crim.App.2001). The validity of the prior offense was never in question.
Id. Similarly, the validity of appellee's prior conviction is not affected by the TCLEOSE rules.
As for the validity of the TCLEOSE rules in some other context, that question is not before us and we do not address it.
Tex.R.App. P. 47.1. We sustain the State's third and fourth issues.