While 12.44(b) has the same two possible sentences as 12.44(a), it does not result in a felony conviction. A conviction under 12.44(b) is a misdemeanor conviction, which makes it very appealing to defendants. An offense that is prosecuted under 12.44(b) also cannot later be used to enhance other felony offenses. But unlike 12.44(a), an offense can only be prosecuted under 12.44(b) with the consent of the prosecution.