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Assigned a DWI 2nd. Prior conviction turns out to be a DWI 2nd itself. Judgment includes plea/finding of true to enhancement paragraph of a DWI 1st from the same county. DWI 1st judgment itself cannot be located.

Can the DWI 2nd judgment and it's plea/finding of true to the enhancement conviction be sufficient for the purpose of proving up two priors to make my instant case a DWI 3rd?

Any thoughts appreciated.
 
Posts: 85 | Registered: December 13, 2013Reply With QuoteReport This Post
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Sure. The easy way would be by seeing if they're willing to stipulate.

Failing that, you can prove a prior DWI by means other than producing a judgment. You have to prove (1) that a conviction exists, and (2) that the defendant is linked to that conviction. Take a look at Flowers v State, 220 S.W.3d 919 (Tex. Crim. App. 2007), and its follow-ups. In Flowers, the prosecutor had only the defendant's driver's license record and a computer printout of his conviction record. The CCA held that the documents and testimony sufficiently proved beyond a reasonable doubt that there was a prior conviction and the defendant was the person who had committed the offense, so it wasn't error to find the enhancement true.

Still, search for every piece of information you can get your hands on about the offense. A person who remembers your defendant is ideal, but booking photos, jail cards, etc. all help make the case for conviction and identity.
 
Posts: 41 | Location: 47th District | Registered: June 04, 2004Reply With QuoteReport This Post
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A judicial declaration of a prior conviction sufficiently proves the existence of the prior conviction and it is relevant so long as you prove the identity of the person mentioned in the judgment. It would probably be nice to have any separate paperwork to show the plea of true (e.g., a stipulation signed by the defendant or reporter's record from the first plea hearing), but the authenticated judgment alone should work and those other items may not be available with respect to a misdemeanor plea.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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