February 02, 2012, 07:47
cgatewoodCourt-martial Conviction and Probation Eligibility
Ever kept the probation language out of a jury charge based on a court-martial conviction? I've found a large amount of cases where a crime was enhanced but nothing involving probation eligibility.
The bigger issue is determining whether the court-martial conviction is a "felony" for 42.12 purposes. My argument would be that the definition in Penal Code 12.41 would be helpful in determining whether the conviction is a felony....thoughts? The judge doesn't appear to agree.
[This message was edited by cgatewood on 02-02-12 at .]
February 02, 2012, 08:44
jem1) was the crime punishable by more than one year's confinement?
2) Could the conviction result in the loss of any civil rights?
February 02, 2012, 09:09
cgatewoodPunishment is up to 2 years, loss of rank, loss of pay, etc. I'd say it's common sense that the crime was a "felony" for 42.12, but the court is reluctant to agree.
February 02, 2012, 09:35
jemtry Penal Code � 12.42(c)(2)(B)(v).
353 S.W.3d 863
Court of Criminal Appeals of Texas.
Brandon Gene RUSHING, Appellant,
v.
The STATE of Texas@865-866
February 02, 2012, 09:57
cgatewoodYeah, I have the Rushing case. Thanks for the input.