March 03, 2005, 16:53
EGrayClarification - Mandatory Probation for State Jail Felonies
Under Art. 42.12 sec. 15, the Judge is required to grant community supervision for certain state jail felony drug cases as long as the defendant has not been convicted of a felony.
If we are before the Court on a case involving an adult defendant who was previously adjudicated for a felony offense as a child, does this "juvenile adjudication" count as a conviction under Art. 42.12 sec. 15?
March 03, 2005, 17:22
david curlI think TEXAS FAMILY CODE sec. 51.13(a) & (d) say "no." See also Ex parte Valle, 104 S.W.3d 888 (Tex.Crim.App.2003).