TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Final Conviction
Go
New
Find
Notify
Tools
Reply
  
Final Conviction Login/Join 
Member
posted
Defendant was entered a guilty plea and was sentenced to 10 years TDC on 8/16/93. There was no appeal. On November 1, 1993, he was still in the county jail waiting for accommodations in TDC when he committed the offense of agg assault. He was sentenced to 8 years TDC for that offense on 1/31/94. Does this count as two pen trips for enhancement purposes? From what I can tell, conviction 1 was final before the commission and conviction for his second offense but the punishments were not stacked.
 
Posts: 11 | Registered: March 31, 2015Reply With QuoteReport This Post
Member
posted Hide Post
Certainly seems that you can use those facts to show the "defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final." Your first conviction became final on 9/15/93 at the latest. Cannot cite a case, but the statutory language is clear. It says nothing about how the sentences are discharged.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
You might take a look at Jordan v. State, 256 SW3d 286, 290-291 (Tex.Crim.App. 2013) and the language in there about the sequencing. It directly supports Martin's reasoning.

"Explaining how Section 12.42(d) operates, we have said that “[t]he [chronological] sequence of events must be proved as follows: (1) the first conviction becomes final; (2) the offense leading to a later conviction is committed; (3) the later conviction becomes final; (4) the offense for which defendant presently stands accused is committed.” The State carries the burden of proving beyond a reasonable doubt that a defendant's second previous felony conviction was committed after the defendant's first previous felony conviction became final. And when “there is no evidence to show that the offenses were committed and became final in the proper sequence, the defendant's sentence may not be enhanced under the State's habitual offender statutes.”
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Thank you! The jury sentenced the defendant to life. I really appreciate the help.
 
Posts: 11 | Registered: March 31, 2015Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Final Conviction

© TDCAA, 2001. All Rights Reserved.