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Alternate methods to prove up a prior judgment? Login/Join 
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MRP. Fingerprint on underlying deferred order is unusable.

Other options?
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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See Flowers v. State, 220 SW3d 919 (Tex. Crim. App. 2007), for a list of options, and the inclusion of one of my favorite lines in an opinion, "Just as there is more than one way to skin a cat, there is more than one way to prove a prior conviction." Smile

You can connect it via other identifying information listed on the judgment, connections to the defendant's DL pack, photographs from the prison pack, or testimony from someone with personal knowledge of the convictions, to name a few.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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testimony of probation officer.
 
Posts: 104 | Location: Brazos County, Texas | Registered: February 10, 2010Reply With QuoteReport This Post
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My favorite one? Call the defendant's wife or momma to the stand and get THEM to testify that they were aware he was on probation for the offense.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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If the judgment has defendant's SID#, the probation officer should be able to testify that he or she knows defendants SID#, which is a unique number & hopefully it matches your judgment. I have actually used a grandmother to prove up some priors!
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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Thanks a bunch. Good stuff as usual.
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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If he made bond in the case, the clerk will have a copy of the bail bond papers. They usually include some identifying info, such as address, dob, DL number, etc. Also his current jail card may have similar info, plus the name of someone to call in an emergency. If some of this info matches up you should be able to prove it up.

Also, his original jail card should have a "10 print"--F/Ps on all 10 fingers. Hopefully, one of them is useable, altho I had a case where this was not the case. Smile
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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10 failed attempts to get a rolled print at one time and place, surely that has to be record, and something that could be used to explain why the lack of identifiable prints at a crime scene makes a lot sense despite a claim it tends to disprove someone's presence
 
Posts: 2368 | Registered: February 07, 2001Reply With QuoteReport This Post
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We did it with a 25 year old TDC photo out of the pen pack one time.
 
Posts: 2135 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Victims / witnesses from the prior crime can help. Prior probation officers too. I stop short of calling their old Defense Attorneys or Judges. Prosecutors in small jurisdictions might remember.
 
Posts: 109 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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If the Defendant acknowledges the prior convictions in a bond hearing, can I use that?
 
Posts: 21 | Location: Robertson County | Registered: March 12, 2014Reply With QuoteReport This Post
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sounds like an admission like a plea of true.
 
Posts: 2135 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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