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Is a conviction final for the purposes of enhancement when a defendant is convicted of a felony offense, sentenced, and subsequently paroled in absentia out of the county jail?
 
Posts: 6 | Registered: July 09, 2015Reply With QuoteReport This Post
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As long as the time for filing notice of appeal, motion in arrest of judgment or motion for new trial has expired, then you have a final judgment. You should be fine. Similar to a state jail felony where credit for time served at the time of the plea completely discharges the sentence.
 
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004Reply With QuoteReport This Post
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I think the key is that he was sentenced to time rather than probation. It is the sentence of confinement without an NOA or MNT that makes it a final conviction. Probated sentences, by contrast, are not final until defendant is revoked to confinement.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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So what's old is new again. You should hve no trouble there; in the late 1980's using convictions that resulted in a parole straight from the county jail was quite common. Imagine the shock of inmates who found out they were looking at 25-99/life... when they had not yet gone to the pen for their first 2 felonies!
 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
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