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Does a prior juvenile adjudication for a felony and then TYC trip make a defendant ineligible for adult probation? Example: defendant on trial and convcited for murder (5-life), he is enhanced with a proper felony TYC trip - can he ask the jury for probation? One thought is, the jury would first have to believe the enhancement not true (because enhanced murder is 15-life and defendant can't get probation). But is he eligible for adult probation with that felony TYC trip? | ||
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Member |
This has come up before juvenile adjudication See also TFC 51.13(d) ("An adjudication under Section 54.03 that a child engaged in conduct that occurred on or after January 1, 1996, and that constitutes a felony offense resulting in commitment to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony conviction only for the purposes of Sections 12.42(a), (b), (c)(1), and (e), Penal Code.") | |||
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Member |
So the current charge is a state jail felony. Defendant has a prior TYC trip from 1999 for Agg Sexual Assault of a Child. Can I enhance him under 12.35(c)(2) to a 3rd degree using that TYC trip? Reading 12.42(f), I am thinking that I cannot, but please tell me that I am wrong. | |||
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Member |
Would like to say you're wrong but you're not. Its not a conviction unless specifically enumerated as such. | |||
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Member |
Thanks Stacey! | |||
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