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deffered adj bar to subsequent probation from a jury

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August 23, 2004, 00:54
brandon hudson
deffered adj bar to subsequent probation from a jury
Is a defendant who previously succesfully completed def'd adj still eligible to receive probation from a jury in a jury punishment phase.
August 23, 2004, 07:25
JB
He is eligible even if he hasn't completed the deferred adjudication. It's a prior conviction that makes the defendant ineligible for probation from a jury. And deferred adjudication does not equate to a conviction, at least for the purpose of probation eligibility. See Ex parte Welch, 981 SW2d 183.

Now, if you are trying to enhance a sex offender, a prior deferred adjudication for certain sex offenses does equate to a conviction. But that's only because the Legislature passed a specific law saying so.
August 24, 2004, 11:21
brandon hudson
thank you very much i appreciate the answer
quote:
Originally posted by John Bradley:
He is eligible even if he hasn't completed the deferred adjudication. It's a prior conviction that makes the defendant ineligible for probation from a jury. And deferred adjudication does not equate to a conviction, at least for the purpose of probation eligibility. See Ex parte Welch, 981 SW2d 183.

Now, if you are trying to enhance a sex offender, a prior deferred adjudication for certain sex offenses does equate to a conviction. But that's only because the Legislature passed a specific law saying so.

August 25, 2004, 09:06
Tim Cole
This is the reason why you should have an adjudication hearing first, if possible. It's now final and no appeal.