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Prior "Conviction"

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October 27, 2008, 08:30
Mark Edwards
Prior "Conviction"
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?
October 27, 2008, 08:42
JB
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.
October 27, 2008, 08:59
Mark Edwards
John, I was sure that was right. But was hoping for a different answer. Thanks.