January 27, 2011, 11:51
Ben Smiththeft enhancement question
May a juvenile adjudication for theft be used as an "enhancement" conviction for the purposes of 31.03(e)(4)(D)? I have a 20 year old thief with one good adult theft conviction and one juvenile theft adjudication. Sure would like to make this one a felony. Couldn't find any caselaw in my quick search.
January 27, 2011, 12:56
JohnRAbsent specific authorization for it the answer is no. The family code provides in two different sections that juvenile adjudications aren't convictions. Thus, unless the penal code says that a juvenile adjudication works, e.g. Sec. 12.42(f), it does not.