April 07, 2016, 13:01
AndrewJParole in Absentia
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?
April 07, 2016, 13:41
Larry LAs 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.
April 07, 2016, 15:10
JohnRI 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.
April 13, 2016, 13:25
rob keppleSo 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!