Does anyone have a jury charge for a sexual assault enhanced with a prior sexual assault? If you don't mind sharing, I would appreciate it!

Stephanie
stephanie.stephens@co.nacogdoches.tx.us
936.560.7766
936.560.6036 fax

Is your defendant actually dumb enough to go to the jury on an automatic life? The only thing that comes from that is you get to voir dire on his prior conviction as a sex offender. I would think he would avoid that like the plague since the outcome is the same whether he goes to the judge or jury.

Dan,

I've prosecuted in Anahuac, and I've prosecuted elsewhere. Believe me: there are crooks-- outside of Chambers Co.--who are dumb enough to go to the jury on an automatic life sentence case, so you got to be prepared.

Did anyone have one of these to share ?

Seems dumb is contagious...

I have an auto life jury charge that's beyond weird...the guy was on deferred for sexual assault of a child when he commited a new sexual assault of a child...so the jury could put the guy on probation, or send him to the pen for life. He got life.

Xochitl, I like to see it if you don't mind emailing it.

S

Thanks to Xochoitl and Jane for your replies, and for Stacey for reviving this discussion. Actually the case I tried was two years ago. My defendant ended up realizing the error of his ways too late. I still got to voir dire on the automatic life, but when he wanted to change his election after the conviction, I agreed,. So I never needed the charge. But I'll have one next time!

Stephanie