Chapter 12
Punishment Instructions
12.25 Instruction—Class B Misdemeanor—Unenhanced
You have found the defendant, [name], guilty of [offense].
Relevant Statutes
This offense is punishable by—
- a fine of no more than $2,000, or
- a term of confinement in the county jail for no more than 180 days, or
- both a fine of no more than $2,000 and a term of confinement in the county jail for no more than 180 days.
VERDICT
We, the jury, having found the defendant, [name], guilty of the offense of [offense], assess his punishment at: (select one)
___ a fine of $______________ (an
amount that is $2,000 or less) and no confinement in jail.
___ confinement in the county jail
for a term of ________ (a term of 180 days or less) days and no
fine.
___ confinement in the county jail
for a term of ________ (a term of 180 days or less) days and a fine
of $______________ (an amount that is $2,000 or less).
________________________________
________________________________
Comment
Punishment for a class B misdemeanor is set out in Tex. Penal Code § 12.22. A verdict of no fine and no term of confinement is an illegal sentence; one or the other is re-quired. Mizell v. State, 70 S.W.3d 156, 163 (Tex. App.—San Antonio 2001), aff’d, 119 S.W.3d 804 (Tex. Crim. App. 2003).