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I'm sure we have discussed this before, but please tell me again so I'm sure . . .

Defendant has a probated DWI from 1978. Defendant has a probated DWI from 1995. He is currently indicted as a DWI 3rd. Since the '78 prior was probated, I may NOT use it for enhancement, correct???
 
Posts: 100 | Location: Beaumont, Texas, USA | Registered: February 18, 2005Reply With QuoteReport This Post
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That is correct, because the Legislature did not designate probations as convictions until 1984.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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