March 22, 2006, 14:03
Martha W. WarnerTYC commitment/ Felon Poss Firearm
Have an Agg Asslt DW case. The officers have also charged the Defendant with Unlawful Poss of a Firearm under 46.04 but I don't know if a TYC commitment for multiple felony adjudications qualifies under 46.04.Anyone know?
March 22, 2006, 15:39
Stacey L. BrownleeDoesn't count.
From the Juvi forum a prior post from Kris Moore:
Firearm possession by felon
The first langauage in Sec. 46.04(Unlawful Possession of a Firearm) of the Penal Code says "A person who has been CONVICTED (my emphasis)of a felony commits an offense if ...". Since a juvenile adjudication of delinquency is NOT a "CONVICTION", a juvenile cannot be charged under that statute. If the legislature had meant for them to be charged with that offense they could have said "conviction or adjudication" as they have in other statutes.