Main MenuMain MenuBookmark PageBookmark Page

Chapter 12

Charges

Chapter 12

Punishment Instructions

12.12  Instruction—Second-Degree Felony—Unenhanced

You have found the defendant, [name], guilty of [offense].

Relevant Statutes

This offense is punishable by—

  1. any term of imprisonment for no less than two years and no more than twenty years, or
  2. any term of imprisonment for no less than two years and no more than twenty years and a fine of no more than $10,000.

[Include the following if the offense is one under Texas Code of Criminal Procedure article 37.07, section 4(c).]

Parole and Good Conduct Time

The length of time for which a defendant is imprisoned may be reduced by the award of parole.

Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn early parole eligibility through the award of good conduct time. Prison authorities may award good conduct time to a prisoner who exhibits good behavior, diligence in carrying out prison work assignments, and attempts at rehabilitation. If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.

Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, the defendant will not become eligible for parole until the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed. Eligibility for parole does not guarantee that parole will be granted.

It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if he is sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities.

You may consider the existence of the parole law and good conduct time. However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant. You are not to consider the manner in which the parole law may be applied to this particular defendant.

VERDICT

We, the jury, having found the defendant, [name], guilty of the offense of [offense], assess his punishment at: (select one)

___ imprisonment in the Texas Department of Criminal Justice for a term of ________ (2–20) years and no fine.
___ imprisonment in the Texas Department of Criminal Justice for a term of ________ (2–20) years and a fine of $______________ ($10,000 or less).

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

Comment

Punishment for a second-degree felony is set out in Tex. Penal Code § 12.33.

The parole and good conduct time instruction is taken from Tex. Code Crim. Proc. art. 37.07, § 4(c).

Caution: This instruction does not address all possible circumstances under which parole or good conduct time may be restricted. See, e.g., Tex. Code Crim. Proc. art. 37.07, § 4(a). The parties must review the law carefully in light of the facts of the case at hand.