When dealing with offense enhancements, what is classified as a prior conviction? I'm curious about probation and deferred adjudication. If someone is currently on probation of deferred, isn't that a conviction until they have served that term?
Posts: 16 | Location: Converse, TX, USA | Registered: April 15, 2009
What offense are you interested in? Deferreds typically don't enhance crimes; however, in some situations they do--Like Family violence when the judgment has an affirmative finding within it.
Theft is enhanced with two prior convictions to a State Jail See 31.03 (e)(3). The statute says convicted as opposed to finally convicted so that typically means and does mean in this statute that they had at a minumum been placed on Community Supervision--It does not mean Defferred or Pretrial. You can use class C theft including theft by check; however, IBC--issuance of a bad check is NOT a theft and is therefore not good.
