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PC 12.42(f) allows enhancement using TYC adjudications/dispositions when the adjudication is for a felony. I have an adult indicted for a 2nd degree felony but the juvenile TYC adjudication is for what would be a state jail felony if he were prosecuted as an adult. Can we enhance the 2nd degree to 1st degree range using a juv. TYC adjudication/disposition for a SJF? | ||
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Member |
12.42 (f) gives you the only way to use a juvi enhancement. And don't forget a juvi commitment can only be used if post '96 and TYC commitment in any circumstance. You can only use the juvi commitment to enhance if you could use the same level offense on the adult side. | |||
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Member |
Stacey, the acknowledged guru of juvenile law, has spoken. | |||
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