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enhancing Misd. theft to SJF with theft priors Login/Join 
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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!
 
Posts: 84 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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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.
 
Posts: 175 | Location: Huntsville, TX | Registered: June 12, 2012Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    enhancing Misd. theft to SJF with theft priors

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