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| The date need not be proved as alleged in any case (no material variance will ever occur). Proof need only show finality at a pertinent point in time. Question becomes which date better notifies the Defendant of the identity of the conviction alleged. I would think most would be more likely to remember the date of sentencing in open court. They may not have any idea there was such a thing as the mandate, and certainly the date of its issuance will not be one marked in their memory. Maybe you should use the language "was convicted of ___ on ____, which conviction became final upon issuance of the mandate of the ___ Court of Appeals on ___". |
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