Fifth Circuit: USA v. Ronald Ary

Under both state and federal law, a state deferred adjudication for this type of crime qualifies as a valid predicate conviction for sentencing purposes.

An indictment that omits this element of the offense does not offend Due Process, since Apprendi and its progeny specifically except prior convictions.

http://www.ca5.uscourts.gov/opinions/pub/17/17-10082-CR0.pdf