ELIGIBILITY FOR PROBATION BY THECOURT OR JURY FOR A SEXUAL OFFENSE, PAROLE AND STACKINGRALPH PETTYATTORNEY AT LAWMIDLAND COUNTY, TEXASTABLE OF CONTENTSPUNISHMENT RANGES FOR COMMON SEXUAL OFFENSES 1THE REQUIREMENT THAT THE FACTS OF THE OFFENSE THAT EFFECT THE RANGE OF PUNISHMENT OR ELIGIBILITY FOR PROBATION OR DEFERRED ADJUDICATION BE PLEAD IN THE INDICTMENT 2FAILURE TO ALLEGE FACTS THAT DETERMINE THE GRADE OR PUNISHMENT ATTACHED TO THE OFFENSE 3SUMMARY OF THE STATUTES REGARDING PROBATION BY THE COURT OR JURY FOR A SEXUAL OFFENSE 6ELIGIBILITY FOR PAROLE FOR SEXUAL OFFENSES 9ARTICLE 42A.053 C.C.P. EFFECTIVE SEPTEMBER 1, 2019 - AUTHORITY OF THE COURT TO GRANT REGULAR COMMUNITY SUPERVISION - MAXIMUM AND MINIMUM PERIODS OF COMMUNITY SUPERVISION - LIMITATION ON JUDGE ORDERED COMMUNITY SUPERVISION - NO COMMUNITY SUPERVISION FOR A SENTENCE THAT EXCEEDS 10 YEARS 11ARTICLE 42A.053 C.C.P. - AUTHORITY OF THE COURT TO GRANT REGULAR COMMUNITY SUPERVISION & MAXIMUM AND MINIMUM PERIODS OF COMMUNITY SUPERVISION EFFECTIVE SEPTEMBER 1, 2019 12ARTICLE 42A.453(b) C.C.P. LISTED OFFENSES REQUIRING MINIMUM 5 YEAR PERIOD OF COMMUNITY SUPERVISION AND REQUIRING CHILD SAFETY ZONE AS A CONDITION OF COMMUNITY SUPERVISION 13ARTICLE 42A.453(b) C.C.P. - CLEAR LIST OF OFFENSES REQUIRING MINIMUM 5 YEAR PERIOD OF PROBATION 14ARTICLE 42A.054 C.C.P. OFFENSES - LIMITATION ON JUDGE ORDERED (REGULAR) COMMUNITY SUPERVISION FOR LISTED OFFENSES EFFECTIVE SEPTEMBER 1, 2019 - FORMER ARTICLE 42.12 SECTION 3g OFFENSES 15ARTICLE 42A.102 C.C.P. AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - THE COURT CANNOT GRANT DEFERRED ADJUDICATION FOR CERTAIN LISTED OFFENSES - EFFECTIVE SEPTEMBER 1, 2019 18ARTICLE 42A.101 C.C.P. - AUTHORITY OF THE COURT TO GRANT DEFERRED ADJUDICATION COMMUNITY SUPERVISION - EFFECTIVE SEPTEMBER 1, 2019 18ARTICLE 42A.102(b) C.C.P. - LIMITATION ON THE AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - EFFECTIVE SEPTEMBER 1, 2019 19ARTICLE 42A.453(b) C.C.P. LISTED OFFENSES REQUIRING 5 YEAR MINIMUM PERIOD OF COMMUNITY SUPERVISION AND REQUIRING A CHILD SAFETY ZONE AS A CONDITION OF COMMUNITY SUPERVISION 21ARTICLE 42A.453(b) C.C.P. - CLEAR LIST OF OFFENSES REQUIRING 5 YEAR MINIMUM PERIOD OF COMMUNITY SUPERVISION 22ARTICLE 42A.055 & 42A.056 C.C.P. EFFECTIVE JANUARY 1, 2019 - ELIGIBILITY FOR JURY PROBATION AND NO JURY PROBATION FOR CERTAIN OFFENSES 23ARTICLE 42A.055 C.C.P. - JURY RECOMMENDED COMMUNITY SUPERVISION EFFECTIVE JANUARY 1, 2017 AND SEPTEMBER 1, 2019 23ARTICLE 42A.056 C.C.P. - LIMITATION ON JURY RECOMMENDED COMMUNITY SUPERVISION EFFECTIVE SEPTEMBER 1, 2019 - FORMER ARTICLE 42.12 SECTION 4 C.C.P. 24FORMER ARTICLE 42.12 SECTION 4 C.C.P. EFFECTIVE SEPTEMBER 1, 2007 - LIMITATION ON JURY RECOMMENDED PROBATION 25ARTICLE 42.08 C.C.P. - AUTHORITY AND DISCRETION OF THE COURT TO STACK SENTENCES AND PROBATIONS 26SECTION 3.04 PENAL CODE: SEVERANCE 27SECTION 3.03. PENAL CODE - SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE PROSECUTED IN A SINGLE CRIMINAL ACTION - STACKING - EFFECTIVE FOR SEPTEMBER 1, 2019 28THE COURT MAY STACK SENTENCES FOR OFFENSES CONSOLIDATED FOR TRIAL AT THE REQUEST OF DEFENDANT 31NO. ______________THE STATE OF TEXAS * IN THE DISTRICT COURT*V. * _______ JUDICIAL DISTRICT*_________________________ * MIDLAND COUNTY, TEXAS ELIGIBILITY FOR PROBATION BY THE COURT OR JURYFOR A SEXUAL OFFENSE, PAROLE AND STACKINGPUNISHMENT RANGES FOR COMMON SEXUAL OFFENSESContinuous sexual abuse of a young child or children under Section 21.02 Penal Code - life, or for any term of not more than 99 years or less than 25 years. No parole.Aggravated sexual assault under Section 22.021 Penal Code - First Degree Felony Offense. Parole after serving one-half of the sentence day for day.Supper aggravated sexual assault under Section 22.021 Penal Code, (victim was younger than six years of age at the time of the offense or the victim was younger than 14 years of age at the time of the offense and the defendant caused serious bodily injury to the victim or attempted to cause the death of the victim or another in the course of the same criminal episode). See Section 22.021(f) and Section 22.021(a)(2)(A) Penal Code. Life, or for any term of not more than 99 years or less than 25 years. No parole.Sexual Assault under Section 22,011 Penal Code. Second Degree Felony offense under Section 22.011(f) Penal Code. Section 22.011(f) Penal Code: "22.011(f) An offense under this section is a felony of the second degree, except that an offense under this section is: (1) A felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01 or; (2) a person with whom the actor was prohibited from engaging in sexual or deviate sexual intercourse under Section 25.02 [Prohibited Sexual Conduct]." Parole after serving one-half of the sentence day for day.Indecency with a child by sexual contact under Section 21.11(a)(1) Penal Code: "engages in sexual contact with the child or causes the child to engage in sexual contact." Second Degree Felony Offense. Section 21.11 (d) Penal Code: "(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree." Parole after serving one-half of the sentence day for day.Indecency with a child by exposure under Section 21.11(a)(2) Penal Code: "(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (B) causes the child to expose the child's anus or any part of the child's genitals." Third Degree Felony. Section 21.11 (d) Penal Code: "(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree." Parole after serving one-half of the sentence day for day.THE REQUIREMENT THAT THE FACTS OF THE OFFENSE THAT EFFECT THE RANGE OF PUNISHMENT OR ELIGIBILITY FOR PROBATION OR DEFERRED ADJUDICATION BE PLEAD IN THE INDICTMENT"The indictment specifically alleged that Anthony intentionally and knowingly penetrated the sexual organ of S.S., a child who was younger than fourteen years old.n12 The record contains no notice or any indication that the State intended to invoke § 22.021(f)'s twenty-five-year statutory minimum for sexual assault of a child under six. Anthony's Felony Plea of Guilty, Admonishments, Waivers, Stipulations and Judicial Confession shows that he pleaded guilty and judicially confessed to sexually assaulting a child younger than fourteen years old as alleged in the indictment. He pleaded guilty to a first-degree felony with a punishment range of five to ninety-nine years or life, n13 and was admonished on that range of punishment both orally and in writing at the time he received deferred adjudication. Other than the notation that the victim was three years old-a finding, we add, that could be accurate under the indictment alleging a victim younger than fourteen years old-the record contains no other indication that any of the parties or the judge intended to punish the aggravated sexual assault under § 22.021(f). Furthermore, the presumption of regularity requires that we indulge every presumption in favor of the regularity of the plea proceedings and trial court's documents in connection to Anthony's deferred adjudication and judgment.n14 Even if the finding is accurate, it has no support in the record.n15 There is no confession, stipulation, admission, or evidence in the record permitting the judge to find that the victim was three years old at the time of the assault. ¶ We reverse the court of appeals' judgment. Our conclusion on the deferred-adjudication order's propriety resolves Anthony's complaints asserted below. We strike from the trial court's judgment the finding that the victim was three years old and reform the judgment to reflect a finding that the victim "was younger than 14 years of age at the time of the offense." n19 We reinstate the trial court's judgment, as reformed."Anthony v. State, 494 S.W.3d 106 (Tex. Crim. App. 2016); published; No. PD-0290-15; 2016 Tex. Crim. App. LEXIS 94, 4-7 (Tex. Crim. App. June 15, 2016) FAILURE TO ALLEGE FACTS THAT DETERMINE THE GRADE OR PUNISHMENT ATTACHED TO THE OFFENSE"It is fundamental that a felony theft conviction cannot be sustained unless the value of the item alleged in the indictment is proved to be over $50.00. Ballinger v. State, Tex.Cr.App., 481 S.W.2d 421; McKnight v. State, Tex.Cr.App., 387 S.W.2d 662; [PAGE 423] Price v. State, 165 Tex. Crim. 326, 308 S.W.2d 47 (1957)." Martin v. State, 491 S.W.2d 421, 422-423 (Tex. Crim. App. 1973).An indictment is fundamentally defective if the indictment fails to allege sufficient facts so that the range of punishment for the offense can be determined upon conviction for the offense.Benoit v. State, 561 S.W.2d 810, 814-815 (Tex. Crim. App. 1977)Benoit v. State, 561 S.W.2d 810, 814-815 (Tex. Crim. App. 1977). "Reliance was had in the Wilson decision upon the case of Standley v. State, 517 S.W.2d 538 (Tex.Cr.App.1975). In Standley an indictment failed to allege whether the offense of conversion by bailee was under the value of $ 50, or $ 50 and over. The effect of not alleging the value was to place the appellant in the position of not having notice as to whether he was being charged with a felony or misdemeanor. ¶ In Standley this court stated: "It is well established that the value of the property must be alleged if it affects penalty. 5 Branch's Ann.P.C., 2d ed., Sec. 2674, p. 120."In 30 Tex.Jur.2d, Indictment and Information, Sec. 38, p. 604, it is written: "'An indictment or information should allege every fact which may affect the degree or kind of punishment. A prior conviction must be alleged where a higher penalty is sought by reason of such conviction; the value of property must be stated where it is made the basis of punishme
