Welcome To Texas Bar Books Online

12.1 General Approach to Punishment Stage Instructions
12.2 Short-Form Punishment Ranges on Verdict Forms
12.3 Enhancement
12.4 Instruction—Punishment—General
12.5 Instruction—Jury Punishment on a Plea of Guilty
12.6 General Comments on Community Supervision
12.7 Instruction—Community Supervision—Felony Conviction
12.8 Instruction—Community Supervision—Misdemeanor Conviction
12.9 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings
12.10 Instruction—First-Degree Felony—Unenhanced
12.11 Instruction—First-Degree Felony—Enhanced (One Prior Felony)
12.12 Instruction—Second-Degree Felony—Unenhanced
12.13 Instruction—Second-Degree Felony—Enhanced (One Prior Felony)
12.14 Instruction—Third-Degree Felony—Unenhanced
12.15 Instruction—Third-Degree Felony—Enhanced (One Prior Felony)
12.16 Instruction—Any Felony Other Than State Jail Felony—Enhanced (Two Prior Felonies)
12.17 General Comments on State Jail Felonies
12.18 Instruction—State Jail Felony—Unenhanced
12.19 Instruction—State Jail Felony—Enhanced (One Prior Felony)
12.20 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies)
12.21 Instruction—State Jail Felony—Enhanced (Two Prior Felonies)
12.22 General Comments—Instructions on Good Conduct Time
12.23 Instruction—Class A Misdemeanor—Unenhanced
12.24 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction)
12.25 Instruction—Class B Misdemeanor—Unenhanced
12.26 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction)
12.27 General Comments on Intoxication Offenses
12.28 Instruction—Misdemeanor [Driving/Flying/Boating/-Assembling or Operating Amusement Ride] While -Intoxicated—Unenhanced
12.29 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15
12.30 Instruction—Misdemeanor [Driving/Assembling or -Operating Amusement Ride] While Intoxicated—-Unenhanced—Open Container Accusation (Plea of Not True)
12.31 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15— Open Container Accusation (Plea of Not True)
12.32 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True)
12.33 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15— Open Container Accusation (Plea of True)
12.34 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)
12.35 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of True)
12.36 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of Not True)
12.37 Instruction—Misdemeanor [Driving/Assembling or -Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of True)
12.38 Instruction—Suspension of Driver’s License

CPJC 12-4
CPJC 12-5
CPJC 12-7
CPJC 12-8
CPJC 12-10
CPJC 12-11
CPJC 12-12
CPJC 12-13
CPJC 12-14
CPJC 12-15
CPJC 12-16
CPJC 12-18
CPJC 12-19
CPJC 12-20
CPJC 12-21
CPJC 12-23
CPJC 12-24
CPJC 12-25
CPJC 12-26
CPJC 12-28
CPJC 12-29
CPJC 12-30
CPJC 12-31
CPJC 12-32
CPJC 12-33
CPJC 12-34
CPJC 12-35
CPJC 12-36
CPJC 12-37
CPJC 12-38

Chapter 12

Punishment Instructions

12.38 Instruction—Suspension of Driver’s License

Suspension of Driver’s License

Because you have convicted the defendant of [offense], the defendant’s driver’s license will automatically be suspended unless you recommend that the license not be suspended.

If you recommend that the defendant be placed on community supervision, you may recommend that the license not be suspended. If you recommend that the license not be suspended, it will not be suspended.

Therefore, if you recommend that the defendant be placed on community supervision, consider also whether you wish to recommend that the defendant’s driver’s license not be suspended. If you decide to make such a recommendation, indicate this on your verdict in the place provided. If you decide not to make such a recommendation, indicate that.

VERDICT

[Include the following after the portion permitting the jury to recommend community supervision.]

With regard to suspension of the defendant’s driver’s license:

___ we recommend that the license not be suspended.

___ we recommend that the license be suspended.

Comment

For guidelines on this instruction, see the comment entitled “Suspension of Driver’s License” at CPJC 12.27.

Suspension of a driver’s license after conviction of an -intoxication-related offense is set out in Tex. Transp. Code §§ 521.341, 521.344. A sentencing jury’s authority to recommend that the license not be suspended is set out in Tex. Code Crim. Proc. art. 42A.407(a).