Go  ![]()  | New  ![]()  | Find  ![]()  | Notify  ![]()  | Tools  ![]()  | Reply  ![]()  |    | 
| Member | 
 Going to trial next week.  Three weeks ago same def. is found guilty by a jury in Collin County.  He has filed notice of appeal.  I am confident he is still probation eligible.  Can we prove that Collin County "conviction" by proving up a certified copy of the J&S?  Or do we now have to prove the underlying facts of the Collin County case?  | ||
  | 
| Member | 
 The Rules of Evidence say that a conviction on appeal is not admissible. See 803(22). So, yes, you will have to prove the underlying facts independently beyond a reasonable doubt.  | |||
  | 
| Member | 
 John, I was sure that was right.  But was hoping for a different answer. Thanks.  | |||
  | 
| Powered by Social Strata | 
| Please Wait. Your request is being processed... | 
  | 
© TDCAA, 2001. All Rights Reserved.

