Is a defendant eligible for probation for jury if convicted of Injury to Child SBI (First Degree - Intentionally or Knowingly)?

According to Code of Criminal procedure 42.12 - 3g Injury to Child SBI (int/know) is a 3g offense and cannot receive probation from judge only DA.

However, According to sec 4, there is no limitation on community supervision for Injury to Child from jury.

BUT - Investigation & Prosecution of Child Sexual Abuse Manual says on page 30 defendant is not eligble for probation from jury if convicted of Injury to Child SBI.

I am confused - anyone can shed light on this subject I would greatly appreciate it!!

If you have an old 2007-2009 version of one of our CCPs, read the "2007 Legislative Note" after CCP Art. 42.12, Sec. 4.

If you don't ... I can't repeat it all here, but the bottom line is that Injury to a Child-SBI was arguably ineligible for jury-rec'd probation from 9/1/07-8/31/09 due to a legislative "quirk," but that quirk was corrected as of 9/1/09 to more properly reflect the original legislative intent of the 2007 changes, which never contemplated Injury to a Child-SBI when it made multiple offenses ineligible for probation from a jury.

If that's clear as mud, you can call me at TDCAA.