TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Parole in Absentia
Go
New
Find
Notify
Tools
Reply
  
Parole in Absentia Login/Join 
Member
posted
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
Member
posted Hide Post
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: 323 | Location: Texas, USA | Registered: November 16, 2004Reply With QuoteReport This Post
Member
posted Hide Post
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: 2127 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
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
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Parole in Absentia

© TDCAA, 2001. All Rights Reserved.