Chapter 12
Punishment Instructions
12.18 Instruction—State Jail Felony—Unenhanced
You have found the defendant, [name], guilty of [offense].
Relevant Statutes
This offense is punishable by—
- any term of confinement in a state jail for no less than 180 days and no more than two years, or
- any term of confinement in a state jail for no less than 180 days and no more than two years and a fine of no more than $10,000.
[Include the following if community supervision is mandatory under Texas Code of Criminal Procedure article 42A.551(a)–(c).]
Community Supervision or Probation
The term of confinement assessed by you will be suspended and the court will place the defendant on community supervision or probation.
“Community supervision” is often called “probation.” The two terms mean the same thing.
During the period the defendant is on community supervision, the defendant will not be required to serve the period of confinement assessed by you. If the defendant successfully completes the period of community supervision, the court will discharge the defendant. A defendant so discharged will never have to serve the confinement assessed by you.
During the period of community supervision, conditions will be imposed on the defendant, and the defendant will be placed under a variety of programs. If the defendant is believed to have violated the conditions of community supervision, the defendant will be brought before the court. The court, after a hearing without a jury, will either continue or revoke the community supervision.
If the court revokes the community supervision, the court will dispose of the case as if there had been no community supervision. It may sentence the defendant to a term of confinement not exceeding the term assessed by this jury.
The duration of the period of community supervision will be determined by the court. It may not be for a period of longer than five years or for a period of shorter than two years.
Parole and Good Conduct Time
A defendant confined in a state jail for a specific term is not subject to release on parole. The term of confinement is not reduced by good conduct time earned during that period of confinement.
VERDICT
We, the jury, having found the defendant, [name], guilty of the offense of [offense], assess his punishment at: (select one)
________________________________
________________________________
Caution: This instruction does not address all possible circumstances under which community supervision may be unavailable or in which there may be special requirements for its imposition. See, e.g., Tex. Code Crim. Proc. arts. 42A.054, 42A.056, 42A.204. The parties must review the law carefully in light of the facts of the case at hand.
Comment
Punishment for a state jail felony is set out in Tex. Penal Code § 12.35(a)(b).