Saturday, June 25, 2016

IF YOU HAVE PRIOR FELONY CONVICTIONS LISTEN UP.

    At The Law Offices of Randall J. Craig, PLLC we handle numerous criminal cases around the Phoenix, Arizona area.  These cases range from homicide & drugs to general burglary cases. Sometimes a defendant has numerous prior felony convictions that can add numerous years onto a potential sentence.  The Arizona Court of Appeals recently ruled that a trial court does not abuse its discretion in admitting an Arizona Department of Corrections (ADOC) “pen pack” as a self authenticating, certified copy of a public record pursuant to Rule 902(8) of the Arizona Rules of Evidence to prove a defendant had historical prior felony convictions for sentence enhancement purposes where the pen pack also included a photograph of the defendant, a fingerprint card, and an in state exemplification or “jurat” that exceeds the requirement of the rule because the signer “must be placed under oath swearing or affirming that the contents of the documents are true and correct”, rather than merely acknowledging by notarization the authenticity of the signature. State v. Solis, 2 CA-CR 2014-0084, 11/26/14

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