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Ok, here are my facts in chronological order:

1. Def. put on def. probation for agg. sx. aslt. of a child in another county.
2. Def. moves in w/ a lady with 10 yr. old child.
3. Def. probation revoked in other county for probation violations and gets 10 yrs.
4. Child has now made outcry of Sx. aslt.

Now according to the Penal code a def. adj. is a conviction for enhancement purposes (12.42(g)(1)) but does the later adjudication and sentence to prison move my conviction date forward as it is now final or can I still mandatory Life this guy using the date he was placed on Def. probation?
 
Posts: 128 | Location: TX | Registered: March 05, 2003Reply With QuoteReport This Post
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I don't see anything in the provision that indicates the prosecutor must proceed on the later date connected with the prior "conviction." The automatic life provision was triggered as soon as he was placed on deferred adjudication.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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That is my reading of the statute as well. Particularly with the language of "if the defendant . . . entered a plea of guilty or nolo contendre in return for a grant of deferred adjudication . . ." seems to be that the date of the plea is when the defendant is convicted in terms of the statute. I agree with you whole heartedly.

I am just worried about future reversal should the court think that the conviction became final with the pen trip.
 
Posts: 128 | Location: TX | Registered: March 05, 2003Reply With QuoteReport This Post
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