I did a bit of research and never found a conclusive answer--so here it goes to the experts!
Question: Is a prior assault-fv alleged to "enhance" a second assault-fv to a felony used the same way as prior DWI convictions? That is, it isn't truly an "enhancement," it is jurisidictional and can be read to the jury in the indictment?
Also, if the D stipulates to the prior, can the State still introduce extrinsic evidence of the prior assault in the guilt/innocence phase?
The prior family violence assault elevates a misdemeanor to a felony in the same way two prior DWI's elevate a misdemeanor to a felony. So, the case law should be applied identically.
The prior is an element of the offense that must be proven during guilt/innocence. And, if the defendant agrees to stipulate, then no additional evidence of the prior should be offered until punishment. See Tamez.
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