OSPA Offers Practically Free Traffic-Stop Training for Rural Law Enforcement
Assistant State Prosecuting Attorney John R. Messinger will conduct a 4-hour presentation covering 4th Amendment issues with a focus on traffic stops. The presentation is accompanied by a paper (distributed in advance) and includes:
∙ Historical perspective
∙ In-depth coverage of controlling law
∙ Discussion of recent cases and pending issues
∙ A quiz!
This service is for small or rural counties that do not have the resources to send officers for training. Credit can be earned with a department’s approval.
Call ((512) 463-1660) or email (email@example.com) John to schedule a training day for this August (August will be the only time the service is offered).
“Did the Court of Appeals err in finding that the prior conviction for operating a watercraft while intoxicated was a final conviction?”
Rae pleaded guilty to DWI third or more and was placed on probation. When the State moved to revoke, he filed a writ challenging the use of a 1993 conviction for operation of a watercraft while intoxicated because it was not “final”; his probation was never revoked in that case. The trial court denied relief, and he lost on appeal.
Rae argues that there is no basis for treating unrevoked probation for Tex. Parks & Wild. Code § 31.097(b) as a final conviction. Penal Code section 49.09(c)(3)(C) includes such convictions as “[a]n offense of operating a watercraft while intoxicated” for enhancement purposes but only “as that law existed before September 1, 1994.” Rae contends that, in the absence of statutory language from the time saying that unrevoked probation counts as a final conviction, the common law controls and his conviction was not final for enhancement purposes. Rae adds that the Court of Criminal Appeals previously decided in a separate writ that his counsel in that case was ineffective for not making the same argument he presents now.