September 28, 2005, 16:49
Martin PetersonArt. 42.12 sec. 15(a)(1)
What does the word "previously" mean in this statute? Suppose a defendant has two pending charges, one for an offense under 481.115(b)(hereinafter "A") and also another felony (hereinafter "B"). He had not been convicted of any felonies at the time of commission of the pending felonies. If the defendant pleads guilty to "B" and is convicted,
must the court suspend imposition of the sentence and place the defendant on community supervision at the time of conviction on "A" (which will occur after the plea on "B")? If you are prepared to answer "no", does your answer depend on whether the conviction on "B" is final before the trial of "A"?
September 29, 2005, 08:53
Ken SparksThe way I read the statute, if he is convicted of B, probation is not required for A. Have the Judge take the plea in the non-state jail felony first.
September 29, 2005, 12:52
Brandt ThorsonWhat if Offense B occured during after offense A (in another county)and Deferred is given upon the plea to "B" is it still auto probation, I am guessing it is, any way around it?