Defendant is on felony probation. Defendant commits new assault offense. We move to revoke defendant's felony probation based on new assault allegation and technical violations. Defendant pleads true to new assault allegation and is revoked.

I am now trying the assault case. Can I use the true plea to the assault in the MTR at guilt/innocence phase of the assault trial?

If yes- does anyone have any authority to back it up? I assume defense atty will object due to lower burden at MTR hearing or based on 403.

This message has been edited. Last edited by: carlylemacarthur,