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Have a filing question and we're starting jury trials on adult end, so haven't had time to look it up myself.

A hypo case were were a juvi had couple of prior adjudications for Burg. of Habs. and thefts, etc. (is no longer on probation so not a modifying).

The next time around, if an adult, the charge would be able to be enhanced due to priors.

For a juvi, is it possible and IF you were wanting to do so, do you have to put special wording in the petition giving notice that what would be a SJF is now a second because of priors, OR is it not done at all and the priors are just used to raise the guideline level and all that entails?

(I may have just answered my own Q, but I'll leave it out there just in case.)
Posts: 357 | Registered: January 05, 2005Reply With QuoteReport This Post
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I'm a little confused, but will take a stab at it anyway...
The safest route: allege priors just like in an indictment since notice is the issue, not jurisdiction, but it's probably not required.

If it's a habitual felony determinate sentence petition, then you must allege the prior felony adjudications (53.04(5), FC).

But remember, juvenile adjudications are NOT convictions (51.13, FC), thus may not be a prior for enhancement purposes unless statute is specific as to use of juvenile adjudications (ie AFV juvi prior does not count for enhancement to 3rd degree b/c not a "conviction" see In re: JG,
Felony adjudications resulting in a TYC commitment, however, are a final "conviction" in limited instances under 12.42(f)Penal Code.

If the question is related to notice re: progressive sanction levels, then no notice is required. Hope this doesn't confuse more!
Posts: 24 | Location: Austin, Tx, USA | Registered: October 20, 2004Reply With QuoteReport This Post
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