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Punishment Question

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September 13, 2010, 11:06
doza
Punishment Question
is a defendant eligible for probation in case X when his only felony conviction is an adjudication and one of the underlying offenses for the adjudication is Case X, an out of county felony charge?
September 13, 2010, 11:18
JB
Question is posed a bit confusingly.

A defendant is not eligible for probation from a jury (under one scenario) if he has a previous felony conviction. But, other issues can also make him ineligible for probation.

For details, see Chapter 4 of The Perfect Plea, focusing on the sections that discuss judge versus jury probation.
September 13, 2010, 12:19
doza
Thanks JB.