September 26, 2013, 13:58
Ben SmithEvading enhanced by juvenile adjudication
Can a juvenile adjudication for evading arrest (adjudication resulted in probation, not TYC placement) be used to enhance an adult evading arrest (on foot, not in vehicle) up to a state jail felony under PC 38.04(b)(1)?
September 26, 2013, 14:45
Lisa PetersonSeriously doubtful. A juvenile adjudication is not a conviction for enhancement purposes - even for another juvenile case. I had a second FV Assault on a juvenile and the TYC folk refused it, saying it was not a felony.
September 26, 2013, 14:56
Stacey L. BrownleeAn adjudication is not a convition per Section 51.13(a) of the TFC. There are provisions in the CCP that allow an adjudication to be used like a conviction but without an explict provision it cannot be used in that manner.
September 26, 2013, 15:33
Ben SmithThat's kinda what I thought. Thanks, Lisa and Stacey.