TDCAA TDCAA Community Juvenile Law Determinate Sentence Jury Charge (Without an Indeterminate Sentence)
Has anyone ever requested that the jury charge in a determinate sentence case not include an option for an indeterminate sentence? I have contested disposition coming up and have been considering asking the court for such a request based upon this case:
In the Matter of J.B.L., MEMORANDUM, 2009 WL 545573 (Tex.App.-Eastland, 3/5/09. After hearing oral arguements, the Eastland Court of Appeals upheld the trial court's exclusion of an indeterminate sentence. Additionally, the Respondent filed for PDR, which was denied.
It seems logical that if the grand jury certifies a petition for a determinate sentence (and the determinate sentence statute is followed, ie. it is placed in the record etc...) than the punishment range has been set.
TFC 54.04(d)(3) sets the punishment range for determinate sentences, but 54.04(d)(3) doesn't include the option for an indeterminate sentence under that section.
Anyone have any other cases or thoughts on the issue? That's the only case I could find.
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