PUNISHMENT RANGES, ENHANCEMENT OF PUNISHMENT FOR A STATE JAIL FELONY OFFENSE, REPEAT AND HABITUAL ENHANCEMENT OF PUNISHMENT, STACKING SENTENCES AND CONSOLIDATION OF SENTENCES AND STACKING, LIMITATION ON COURT ORDERED PROBATION, LIMITATION ON JURY GRANTED PROBATION, AND LAW OF PAROLEBYRALPH PETTYATTORNEY AT LAWMIDLAND COUNTY, TEXASTABLE OF CONTENTSPUNISHMENT RANGES 1Sec. 12.31. Capital Felony. 1Sec. 12.32. First Degree Felony Punishment 1Sec. 12.33. Second Degree Felony Punishment 2Sec. 12.34. Third Degree Felony Punishment 2Sec. 12.35. State Jail Felony Punishment 2SECTION 12.425 PENAL CODE - ENHANCEMENT OF PUNISHMENT FOR A NON-AGGRAVATED STATE JAIL FELONY OFFENSE UNDER SECTION 12.35(a) PENAL CODE TO A THIRD DEGREE FELONY BY TWO PRIOR NON-SEQUENTIAL STATE JAIL FELONIES OR TO A SECOND DEGREE FELONY BY TWO PRIOR SEQUENTIAL FELONY CONVICTIONS 3Sec. 12.41. Classification of Offenses Outside This Code 4SECTION 12.42 PENAL CODE - REPEAT AND HABITUAL OFFENDER PUNISHMENT 5Section 12.42 Penal Code - Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony 5DEADLY WEAPON DURING THE COMMISSION OF A CRIME AND SECTION 42A.054 C.C.P. CRIMINAL OFFENSES 9Article 42A.054 C.C.P. - Limitation on Judge-Ordered Community Supervision. [Effective until September 1, 2019] 9DEADLY WEAPON - SECTION 1.07(a)(17) (A) & (B) PENAL CODE (DEFINITIONS) 11FIREARM - SECTION 46.01(3) PENAL CODE (WEAPONS) 11OTHER DEFINITIONS RELEVANT TO DEADLY WEAPON 12ARTICLE 42.12 Section 3g(a)(2) C.C.P. [now Article 42A.054(b)(2)(c) & (d) C.C.P.] - AFFIRMATIVE FINDING IN THE JUDGMENT OF DEADLY WEAPON DURING COMMISSION OF THE OFFENSE 12CUMULATIVE AND CONCURRENT SENTENCES 13Article 21.24 C.C.P. - JOINDER OF OFFENSES OCCURRING IN SAME CRIMINAL EPISODE IN ONE INDICTMENT - PLEADING 13Article 21.24 C.C.P.: Joinder of Offenses 13ARTICLE 42.08 CODE OF CRIMINAL PROCEDURE - CUMULATIVE OR CONCURRENT SENTENCES 13STACKING PRISON SENTENCES TRIED IN A SINGLE CRIMINAL ACTION - SECTION 3.03 PENAL CODE 14CONSOLIDATION AND JOINDER OF OFFENSES IN A SINGLE CRIMINAL ACTION AND STACKING OF SENTENCES 17Section 3.01 Penal Code - Definitions 17Section 3.02 Penal Code: Consolidation and Joinder of Prosecutions 17Section 3.03. Penal Code - Sentences for Offenses Arising out of Same Criminal Episode 17Section 3.04 Penal Code: Severance 20CONSOLIDATION AND JOINER OF OFFENSES FOR TRIAL AT THE REQUEST OF THE DEFENSE - THE SENTENCES CAN BE STACKED 20ARTICLE 42A.053 C.C.P. - AUTHORITY OF THE COURT TO GRANT COMMUNITY SUPERVISION AND MAXIMUM AND MINIMUM PERIODS OF COMMUNITY SUPERVISION FOR FELONY OFFENSES 21ARTICLE 42A.053 C.C.P. - AUTHORITY OF THE COURT TO GRANT COMMUNITY SUPERVISION - MAXIMUM AND MINIMUM PERIODS OF COMMUNITY SUPERVISION FOR FELONY OFFENSES - LIMITATION ON JUDGE ORDERED COMMUNITY SUPERVISION - NO COMMUNITY SUPERVISION FOR A SENTENCE THAT EXCEEDS 10 YEARS 21ARTICLE 42A.054 C.C.P. OFFENSES - FORMER ARTICLE 42.12 SECTION 3g C.C.P.(a)(1) C.C.P. - LIMITATION ON COURT ORDERED (REGULAR) COMMUNITY SUPERVISION FOR THE LISTED OFFENSES & RELEASE ON PAROLE AFTER ONLY AFTER SERVING 1/2 OF SENTENCE DAY FOR DAY 22ARTICLE 42A.054 C.C.P. OFFENSES - FORMER ARTICLE 42.12 SECTION 3g C.C.P. (a)(1) C.C.P. OFFENSES - LIMITATION ON JUDGE ORDERED (REGULAR) COMMUNITY SUPERVISION FOR THE LISTED OFFENSES 23ARTICLE 42A.055 & 42A.056 C.C.P. - ELIGIBILITY FOR JURY PROBATION AND NO JURY PROBATION FOR CERTAIN OFFENSES - EFFECTIVE JANUARY 1, 2017 26ELIGIBILITY FOR PROBATION BY A JURY UNDER ARTICLE 42A.055 C.C.P. - NO JURY PROBATION FOR A A FELONY OFFENSE LISTED BY ARTICLE 42A.056 C.C.P. AND FORMER ARTICLE 42.12 SECTION 4(d) C.C.P. 26ARTICLE 42A.056 C.C.P. - LIMITATION ON JURY RECOMMENDED COMMUNITY SUPERVISION EFFECTIVE JANUARY 1, 2017 27SECTION 508.145 GOVERNMENT CODE - ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION OF PAROLE ELIGIBILITY DATE - EFFECTIVE JANUARY 1, 2017 28SECTION 508.145 GOVERNMENT CODE - ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION OF PAROLE ELIGIBILITY DATE - EFFECTIVE JANUARY 1, 2017 28PUNISHMENT RANGESSec. 12.31. Capital Felony. Sec. 12.31. Capital Felony(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:(1) life, if the individual committed the offense when younger than 18 years of age; or(2) life without parole, if the individual committed the offense when 18 years of age or older.(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.Sec. 12.32. First Degree Felony PunishmentSec. 12.32. First Degree Felony Punishment(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.Sec. 12.33. Second Degree Felony PunishmentSec. 12.33. Second Degree Felony Punishment.(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.Sec. 12.34. Third Degree Felony PunishmentSec. 12.34. Third Degree Felony Punishment(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000. Sec. 12.35. State Jail Felony PunishmentSec. 12.35. State Jail Felony Punishment(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or(2) the individual has previously been finally convicted of any felony:(A) under Section 20A.03 or 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure. SECTION 12.425 PENAL CODE - ENHANCEMENT OF PUNISHMENT FOR A NON-AGGRAVATED STATE JAIL FELONY OFFENSE UNDER SECTION 12.35(a) PENAL CODE TO A THIRD DEGREE FELONY BY TWO PRIOR NON-SEQUENTIAL STATE JAIL FELONIES OR TO A SECOND DEGREE FELONY BY TWO PRIOR SEQUENTIAL FELONY CONVICTIONSSECTION 12.425 PENAL CODE - Penalties for Repeat and Habitual Felony Offenders on Trial for State Jail Felony(a) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two state jail felonies punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the third degree. [Note: State jail felony convictions need not be sequential.](b) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies other than a state jail felony punishable under Section 12.35(a), and the second previous felony conviction [middle conviction] is for an offense that occurred subsequent to the first previous conviction [oldest conviction] having become final, on conviction the defendant shall be punished for a felony of the second degree. [Note: The two prior felony convictions must be sequential.](c) If it is shown on the trial of a state jail felony for which punishment may be enhanced under Section 12.35(c) that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree.Tex. Penal Code § 12.425Sec. 12.41. Classification of Offenses Outside This CodeSec. 12.41. Classification of Offenses Outside This CodeFor purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:(1) "felony of the third degree" if imprisonment in the Texas Department of Criminal Justice or another penitentiary is affixed to the offense as a possible punishment;(2) "Class B misdemeanor" if the offense is n
