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???

That is correct, because the Legislature did not designate probations as convictions until 1984.