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.
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.
