TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Court-martial Conviction and Probation Eligibility
Go
New
Find
Notify
Tools
Reply
  
Court-martial Conviction and Probation Eligibility Login/Join 
Member
posted
Ever kept the probation language out of a jury charge based on a court-martial conviction? I've found a large amount of cases where a crime was enhanced but nothing involving probation eligibility.

The bigger issue is determining whether the court-martial conviction is a "felony" for 42.12 purposes. My argument would be that the definition in Penal Code 12.41 would be helpful in determining whether the conviction is a felony....thoughts? The judge doesn't appear to agree.

[This message was edited by cgatewood on 02-02-12 at .]
 
Posts: 22 | Registered: January 21, 2010Reply With QuoteReport This Post
Member
posted Hide Post
1) was the crime punishable by more than one year's confinement?
2) Could the conviction result in the loss of any civil rights?
 
Posts: 52 | Location: Fort Worth | Registered: March 24, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Punishment is up to 2 years, loss of rank, loss of pay, etc. I'd say it's common sense that the crime was a "felony" for 42.12, but the court is reluctant to agree.
 
Posts: 22 | Registered: January 21, 2010Reply With QuoteReport This Post
Member
posted Hide Post
try Penal Code � 12.42(c)(2)(B)(v).
353 S.W.3d 863
Court of Criminal Appeals of Texas.
Brandon Gene RUSHING, Appellant,
v.
The STATE of Texas@865-866
 
Posts: 52 | Location: Fort Worth | Registered: March 24, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Yeah, I have the Rushing case. Thanks for the input.
 
Posts: 22 | Registered: January 21, 2010Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Court-martial Conviction and Probation Eligibility

© TDCAA, 2001. All Rights Reserved.