At my firm, we handle all kinds of criminal cases including violations
of probation and cases where the defendant has multiple prior felony convictions.
I am always looking out for an opportunity to let you folks know about
little nuances in the law especially when it comes to prior felons. Keep
in mind that whenever someone with a prior felony record goes to trial,
the State always will try and introduce the defendant's prior history.
A court is allowed to admit a Arizona Department of Corrections "pen
pack" as a self authenticating certified copy of a public record
pursuant to Rule 902(8) of the Arizona Rules of Evidence during the trial
to allow the state to prove a defendant had historical prior felony convictions
for sentence enhancement purposes. What the State has to do however is
make sure the pen pak has a photograph of the defendant, a fingerprint
card and an in state exemplification, or "jurat" . This is 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 authencity of the signature.
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