October 03, 2012, 08:40
ravellaPrior Convictions
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?
October 03, 2012, 08:50
John A. StrideThe TDCAA publication The Perfect Plea (2010--yellow cover) (p52 explains final convictions) contains a handy summary.
October 03, 2012, 09:19
ravellaWhere can I get a copy of the perfect plea? I'm not seeing it on the publication page.
October 03, 2012, 14:59
JamesWhat 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.
October 04, 2012, 09:43
JamesTheft 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.