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Is a judgment revoking probation, sentencing the defendant to TDC and Boot Camp, a "final conviction" for future use as an enhancement under the Habitual Offender statute?

Facts: 1993 defendant convicted of Agg. Robbery and placed on 10 pro 10 probation. 1997 defendant's probation revoked, and defendant sentenced to 10 yrs TDC and Boot Camp. Defendant sucessfully completes Boot Camp and is subsequently reinstated on probation. 1999 defendant is Continued on probation. Ultimately, defendant's probation expires without defendant again (?) being revoked. Now, defendant has committed a new offense, and I want to know if his prior conviction qualifies as a "final conviction" for enhancement under the Habitual Offender statute.

Notes: Yes, I realize that the defendant should never have gotten probation for a 42.12 �3.g offense of Agg. Robbery. And yes, I know that the case law says that the judgments are not void since the defendant got the benefit of the probation he should not have received; it is still a prior felony conviction and prevents defendant from now being probation elligible.

Thanks!
MARK
 
Posts: 12 | Location: Plainview, Texas | Registered: March 05, 2004Reply With QuoteReport This Post
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For enhancement purposes, a conviction is not "final" if it resulted in a probation, legally or illegally. I'm not sure how the CCA got to that understanding of the word "final", as it relates to a "conviction," but that's the way it is.

Strangely, a conviction is "final", even if it resulted in probation, if it is considered in connection with a defendant's eligibility for another probation.

Even more strangely, a deferred adjudication, which doesn't even involve a finding of guilt, is considered a prior final conviction for the purpose of sending a repeat sex offender to prison for life or for increasing the punishment range of a repeat domestic violence assaulter to a third degree felony.

And we wonder why anyone would ever get an illegal probation?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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