TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Enhancement using Juv. TYC adjudication
Go
New
Find
Notify
Tools
Reply
  
Enhancement using Juv. TYC adjudication Login/Join 
Member
posted
PC 12.42(f) allows enhancement using TYC adjudications/dispositions when the adjudication is for a felony. I have an adult indicted for a 2nd degree felony but the juvenile TYC adjudication is for what would be a state jail felony if he were prosecuted as an adult. Can we enhance the 2nd degree to 1st degree range using a juv. TYC adjudication/disposition for a SJF?
 
Posts: 89 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
Member
posted Hide Post
12.42 (f) gives you the only way to use a juvi enhancement. And don't forget a juvi commitment can only be used if post '96 and TYC commitment in any circumstance.

You can only use the juvi commitment to enhance if you could use the same level offense on the adult side.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Stacey, the acknowledged guru of juvenile law, has spoken.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Enhancement using Juv. TYC adjudication

© TDCAA, 2001. All Rights Reserved.