Do you think that "convicted under this section" can include and out of state family violence assault as the prior?


I'm taking the position that an out of state prior can be used to enhance our assault to a felony, but would love some learned opinions to back me up (or set me straight!).

thanks.

Nope, "this section" means Texas Penal Code Sec. 22.01, which currently does not include out-of-state convictions. That's why the Lege just added out-of-state convictions by means of SB 91 (eff. 9-1-05). But for offenses committed before then, you're out of luck.

On that topic, how does everyone plan on alleging dating violence in their informations and indictments? Is it good enough to say "[injured party], a person with whom the defendant has or has had a dating relationship?" Any need to expand on the definition of dating relationship in the charging instrument? Does anybody else think it would be a bad idea to add dating relationship in the string of "[injured party], a member of the defendant's family, household, or a person with whom the defendant has or has had a dating relationship?" Will it be good enough for ehancement for the Judge to make a finding of "family violence" without specifying "dating violence" since the definitions are combined under Family Code 71.004?