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I'm the 3rd ADA in 2 administrations to have my hands on this case, and I'm in a bit of a pickle.

We've filed a Motion to Adjudicate on a defendant granted deferred by the judge after an "open" plea and psi. I THINK I have an F2, without requesting the transcript.


The state of things:

On the indictment / PWID 1-4G with 2 sequential priors / Habitual
On the "Plea Bargain" / PWID 1-4 “enhanced by prior felony” / F1
On D’s plea, waiver... / PWID 1-4G
On Judicial Confession / PWID 1-4G 2 priors with "after the judgment in... was final" part struck because the 1st conviction was probation and the 2nd conviction was a condition 1 / F1
On PSI / Man/Del 4-200G
On Judgment from 7-29-14 / PCS 4-200G True/True to both priors, including the one labelled "habitual paragraph" and “2nd" under degree of offense / F2/Habitual(?)
On Docket Sheet / “delete ‘with intent to deliver’”
On MTR / PCS 4-200G / F2
In Probation's "file" / Man/Del/PWID 4-200G / F2


It looks to me like I have PCS PG1 1-4G with 1 enhancement = F2 2-20. Assuming that's right, is that a nunc pro tunc fix?
 
Posts: 43 | Location: Brenham | Registered: March 24, 2010Reply With QuoteReport This Post
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