I have a Colorado prior conviction alleged for enhancement purposes. I am concerned that the Colorado offense may essentially be the equivalent of a Texas State Jail Felony offense. I only have one prior to alleged, and I am concerned whether there will be a comparison of the Colorado offense elements with a comparable Texas statute, which could result in negating my prior if it is the equivalent of a Texas State Jail Felony. It seems that I have run across that "rule" somewhere, but my limited research has failed to reveal any law regarding such a "rule."

I have reviewed the law on proof of the finality of the out-of-state prior, and feel OK about that, but I haven't found anything on my primary question above. I have been in trial and I am getting ready for another one next week, so I have not been able to devote a lot of time to in-depth research on this point or other collateral points relating to out-of-state priors. Any help or pointers will be welcome. Thanks for your help.

Being a conviction not obtained from a prosecution under the Texas Penal Code, the offense is classified as a third degree felony so long as imprisonment in a penitentiary was affixed to the offense as a possible punishment under Colorado law. 12.41 (1), Penal Code

Thanks, Martin. I knew it had to be there somewhere, but sometimes you just can't seem to find it. Thanks again.

Kollin

See 12.41(1) application in Ex parte Blume 618 S.W.2d 373. I just dealt with similar questions in Troy Cross's appeal.

I'm almost certain Colo. considers her probations to be convictions for enhancement purposes (virtually every state does). If so, and if he has any felony probations out of that state, you can use them for enhancement purposes too. You just have to give notice, as per TRE 202 that you intend to ask the court to determine the law of Colo. on that point. See Dominque v. State, 787 SW2d 107.