Does a theft prior in which the defendant received a regular (non-deferred) probation, and successfully completed said probation, still count as a conviction under 31.03(e)(4)(D), so that it can be used to enhance a new misdemeanor theft to a state jail felony? I have a defense lawyer telling me that this can't count as a theft conviction because its not a final conviction and need to make a decision on this case pretty quick. I know dwi prior probations count as convictions for jurisdicitional purposes but its the first time anyone has posed this question to me regarding the theft statute. Thanks!

Hi Ben,

Your defense attorney buddy is confusing enhancements under 12.42 and elements of a crime. But the good news for you is, yes, probated sentences count as final sentences when they are elements of a crime and not used to enhance only a punishment.