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I'm sure we have discussed this before, but please tell me again so I'm sure . . . Defendant has a probated DWI from 1978. Defendant has a probated DWI from 1995. He is currently indicted as a DWI 3rd. Since the '78 prior was probated, I may NOT use it for enhancement, correct??? | ||
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Member |
That is correct, because the Legislature did not designate probations as convictions until 1984. | |||
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