I seem to remember seeing this question discussed on the board a long time ago but I can't find it now.

Here's the deal. Felony DWI. Defense counsel goes to look at the two enhancement priors and discovers that on one of them, the defendant has successfully completed his REGULAR probation. There's a termination order in the court file, signed by the judge, showing that the defendant has completed his probation and his "guilty plea and conviction set aside." I'm reasonably certain that doesn't mean that this particular conviction can't be used to enhance to a third degree. Before I spend time in the library, does anyone recall a case or statute that they would be so kind as to refer me to. Thanks.

The case you are looking for is Jordy v. State, 969 S.W.2d 528 (Tex. App. - Fort Worth 1998, no pet.)

See an April 2003 case out of Dallas Anderson v. State Westlaw cite is 2003 WL 1874278 (Tex.App.-Dallas) I believe it will solve your problem.

Those cases look great. Thanks guys!!!

Richard, is this particular issue covered in your new book? You know the book I am talking about -- DWI Investigation and Prosecution, published through TDCAA.

Yes this issue is covered on page 195. Thanks for asking. Is it mentioned in your book?

No, the people in The Perfect Plea are all guilty and admit it.