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  • What is a 12.45 in a criminal case

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    Texas Penal Code Sec. 12.45.Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands adjudged guilty. (b) Before a court may take into account an admitted offense over which exclusive venue lies in another county or district, the court must obtain permission from the prosecuting attorney with jurisdiction over the offense. (c) If a court lawfully takes into account an admitted offense, prosecution is barred for that offense.

    What does this mean:

    In a nutshell:

    "Texas Penal Code section 12.45 provides that during a sentencing hearing and with the State's consent, a defendant may admit his guilt of an unadjudicated offense and request that the court take the offense into account in determining the sentence for the offense of which he stands adjudged guilty. Tex. Penal Code Ann. § 12.45(a). If the trial court takes into account an admitted offense under section 12.45, prosecution for that offense is barred. Id. § 12 .45(c)." – Source: State v. N.R.J.
    Admin
    Jul 04, 2018
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