Can anyone tell me why a person is still eligible for probation when they have a juvenile conviction (TYC)....? I'd like to know where it is in the code.
They are still eligible because they have not been convicted. Rather, they were adjudicated. The Penal Code, CCP, and Rules of Evidence specifically state where you can use a juvenile adjudication for some other purpose. If a provision does not specifically say you can use a juvenile adjudication, it basically means you cannot.
Juveniles don't get convicted. They don't plead guilty. The plead true and are adjudicated. Semantics that make a difference. So, absent some special statute defining the juvenile adjudication as a conviction, it doesn't count. For a special statute, see Chapter 12, PC. No such statute in 42.12, CCP.
Thanks. That's what I needed to hear - I was going crazy looking for it in Ch. 42.
Make sure your kid's TYC trip was not for a state jail felony grade offense. There is some case law out there that makes such adjudication/dispositions to TYC ineligible for enhancement purposes.
I think there is some stuff in the family code that lays this out more specifically. I haven't been able to get my hands on it yet.
� 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS.
(f) For the purposes of Subsections (a), (b), (c)(1), and
(e), an adjudication by a juvenile court under Section 54.03, Family Code, that a child engaged in delinquent conduct on or after January 1, 1996, constituting a felony offense for which the child is committed to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), Family Code, is a final felony conviction.
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