In preparing an indictment that includes an enhancement using a prior probation that was then revoked, how you best allege it? Do you include the date and occurrance of both the initial probation and the subsequesnt revocation?

(See why we use initials? So you oldtimers won't know which of us are soooooo stupid!)

The important date is the date on which the conviction became final, making it available for enhancement purposes. So, you put the date the probation was revoked and a sentence was imposed.

The date is not really all that critical, so long as the offense occurred and was final before the commission of the new offense. Remember, the enhancement pleading is for the purpose of giving the defendant notice of his prior conviction. Surely, once he is reminded of the offense itself, the rest should come to him.

For a related discussion, click here.

Thanks. That makes sense.