Q: according to Texas law can these be used since theyre California cases and how far back can they go? BF in custody now
my boyfriends letter says texas is trying to charge him (in custody/dallas)w/ a DWI(3) plus failure to render aide. plus enhancements of 2 prev charges from LA (home) 6/11/2013 DUI and 4/13/2009 DUI those 2 are being used w current case for a DWI(3). also a case on 9/18/2010 taking vehicle w/out consent & possession of marijuana 4sale 5/12/2008 all used as enhancements.
A:
Questions like this should be answered by your BF's criminal defense attorney because that person will have access to the actual new charges and actual criminal history.
Generally speaking, a new DWI can be enhanced by similar intoxication convictions from another state (Texas Penal Code 49.09) and the punishment can be increased for "Repeat and Habitual Felony Offenders" based on prior felony convictions from another state (Texas Penal Code 12.42).
Do these apply for your BF? I don't know, you'll have to ask HIS criminal defense attorney. If he doesn't already have an attorney then he needs the best one available that practices in the county where he is charged because it sounds like he may be facing several years in the state penitentiary and a fine up to $10,000.
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