To be clear.
1. Defendant commits offense A in one Jurisdiction and Offense B in another jurisdiction almost contemporaneously.

2. Defendant gets arrested for A confesses and is sent to prison.

3. Offense B gets filed while defendant is in prison.

4. Defendant discharges prison sentence

5. Defendant wants trial and is now applying for probation on offense B because he was not convicted of A prior to committing B.

Question is does previously convicted mean prior to the offense or prior to the trial. I think it is prior to the trial but I can't find any case law on point.

Ok, I don't know how to create links on here. But this question has come up before and was discussed. No definitive answer, but good arguments for you to use.

Search for Friday Can't think straight question posted by
SAProsecutor on March 27, 2009 15:44

This message has been edited. Last edited by: e sainz,

Yazdchi v. State, 428 S.W.3d 831, 841 (Tex.Crim.App. 2014) is also helpful: "the provision that requires that his prior conviction be made known to the judge would necessarily have to come into play at the point at which he files his motion to seek jury-recommended community supervision."

If a person pleads guilty and receives a felony conviction pursuant to a plea bargain and on the following day is tried and convicted by a jury on a different felony, he remains eligible for community supervision from that jury because the time for an appeal of the prior conviction had not yet expired and thus was not “final.” See Milburn v. State, 201 S.W.3d 749 (Tex.Crim.App.2006)