I am prosecuting a DWI in Federal Court assimilating TPC.

We have a Defendant with numerous priors, including at least two out-of-state (East Coast) priors. All of the convictions hit on NCIC under the same social. However, one of the judgments incorrectly lists the offender's birthdate as X/1 instead of X/6. Judgment does NOT list the social.

I am confident that this is the same guy- we pulled the booking photos to be sure. Any thoughts on how to authenticate this without dragging a witness from the East Coast? I assume that I am overthinking this and the process is probably very easy. I can introduce the certified copies of the conviction under FRE 803 but how do I "correct" the error?

The guy has one other (non-DWI, violent)felony so it would be a huge disappointment to give him the Class A instead of the felony. He's a bad guy.

Don't know if this would be feasible on an out of state case (or if you have time to do it), but could you talk to the applicable prosecutor in the other state and ask if they could get the judgment nunced for you? (Assuming it was just a typo and they can check that the birthdate on the judgment is wrong).

If you pulled the book-in photos and are sure it's the same guy, how about getting a certified copy of the fingerprint cards from each arrest. Have your fingerprint expert print your Def., then have him/her testify that all prints are the same person.

You can offer the book in photos, too. There is more than one way to skin a cat. See Flowers v. State, 220 SW3d 919

Being that the jgmts are from out of state and you don't want to fly in a witness, you probably need to file a business records affidavit for the booking photos/booking cards (prints)...