Hey gang quick question. I have a defense attorney who is convinced that if he files untimley appeals in prior DWI convictions then I will be unable to use them to enhance his DWI 3rd to a felony. I thought there was a semi recent case that dealt directly with this issue but I cant find it. Thanks for the help.
Gee, that sounds vaguely unethical. Done solely for the purpose of delay?
Jones v. State, 77 S.W.3d 819 (Tex. Crim. App. 2002)
This case deals with Automatic Suspension; License Denial, but holds that only when there is evidence that the defendant actually perfected an appeal is the conviction deemed to be lacking finality. The fact that there is still time to file an appeal, but no evidence that one has been filed, is irrelevant.
Is he going to ignore the requirement that he get the court's permission to appeal plea bargained priors as well?
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