TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Can a "P&W Code SJF" be prosecuted under PC 12.44?
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Can a "P&W Code SJF" be prosecuted under PC 12.44? Login/Join 
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PC 1.03(b), which makes 12.44 applicable to non-penal code offenses, also states "the punishment affixed to an offense defined outside of this code shall be applicable unless the punishment is classified in accordance with this code."
Parks and Wildlife Code provides "classification of offenses" including a "Parks and Wildlife Code State Jail Felony" - the only real difference from the Penal Code being a minimum fine of $1,500.
Because a P&W Code offense punishment is defined outside of the Penal Code, does that mean 12.44 cannot be applied to a P&W SJF or am I just reading too much into this?
Along the same line - would a deadly weapon enhance a P&W SJF to a Third Degree?

[This message was edited by John Greenwood on 12-22-10 at .]
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Can a "P&W Code SJF" be prosecuted under PC 12.44?

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