Okay, I searched this topic and didn't come up with anything exactly like my case. I apologize in advance if I am duplicating a topic.
Here's my case: Defendant picks up a SJF. He has been to the pen before. I got two different pen packs. Once prior is a 2F. the other prior says "state jail felony enhanced" -- the enhancements for it were the 2F I have a pen pack for and another felony that I do not have judgment or pen pack for.
Case is already indicted using the prior enhanced sjf to make the new sjf a 2F. Is this correct, or do I lose my enhancement? I realize that I can give notice and enhance with the other felony (I have no judgment or pen pack, but D did plea true to enhancement back then), but trial is coming up & I don't have enough time to give proper notice.
What do you all think???
A state jail felony that is enhanced to a third or second degree felony can be used as a non-SJ felony for enhancement purposes.
Is there a case that I can refer?
Check your copy of A Perfect Plea.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.