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If a defendant pleads "True" to enhancement paragraphs, the prosecutor can still introduce the pen packs in punishment, right? I'm pretty sure it's ok, I just would like some cites or cases. Thanks.
 
Posts: 33 | Registered: July 27, 2001Reply With QuoteReport This Post
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Your answer is in article 37.07, which describes the admissible evidence at a punishment hearing. That evidence includes anything proving the defendant's criminal history, which, of course, includes pen packets.

The admissibility of the evidence is not diminished by the defendant's willingness to admit its existence.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Do I just deal with lucky criminals or is anybody else running into a bunch of pen packs with the sorriest prints in the world???? We are having to prove up pen priors in all sorts of innovative (and difficult) ways because the prints are simply not comparable........ Am I the only one??????????
 
Posts: 276 | Location: Liberty County, Texas | Registered: July 23, 2002Reply With QuoteReport This Post
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It has been raised in this forum before, but it still seems like a good idea to me for a defendant's criminal history to be admissible without the work of pen packets, etc., unless the defendant state's under oath that some part of the criminal history is inaccurate. Imagine the saved paperwork and labor.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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