Does anyone know whether or not a conviction out of the Commonwealth of Virginia where a defendant is sentenced to the Department of Corrections for 5 years, with 4 years of it suspended, with the defendant to be supervised for 2 years on probation is a final conviction in Virginia enabling it to be used for enhancement purposes in the Great State of Texas? Any help would be appreciated!

[This message was edited by MP on 03-15-12 at .]

You have to get that answer through Virginia law.

John, I have tried to look that up in the archaic Virginia laws, however I was unable to find it. That is why I asked the question. Hoping someone knew the answer.

I've been known to call either a fellow UT Law grad or a random attorney/prosecutor in the state I have problems with and ask for help.

I'm sure a fellow Southerner would be willing to lend you a hand.

I'd call the DA's Office in Richmond and talk to their appellate attorney.

Most of the time you can use out-of-state probations to enhance in Texas, because most all states consider probations to be a conviction for enhancement purposes. See Dominque v. State 787 SW2d 107. You want a statute or case that says Va. probations can be used to enhance, and then you need to give notice via Rule 202 to have your court take judicial notice of the law in Va.

So far, the only state I have found that does not consider probations convictions for enhancement purposes is Maryland.

Somebody should do a table on this.

Calling John Stride, TDCAA Appellate Wizard!

I see a project...

Virginia does not have an enhancement scheme like ours, except perhaps for violent felonies. What they have is a points system leading to voluntary sentencing guidelines-kind of like the Feds. So, when you call, be aware that the distinction between a 'final' conviction and one that is not 'final' may initially escape them.

Somebody should do a table on this.

Calling John Stride, TDCAA Appellate Wizard!

I see a project...

To be placed in The Perfect Plea!