If a defendant pleads guilty to an agg. assault (with a firearm), then goes to the jury for punishment AND they grant probation, does 42.12 (3g)(a)(2) and (b) apply?

Section 4 speaks of Jury recommended probation, but it appears that once the probation is recommended by the jury, the judge still is to follow Section 3.

Basically, what happens if the jury recommends probation and there is a deadly weapon finding?

A jury can grant probation for a 3g offense (including one with a DW finding). A judge can't. So, if a defendant gets convicted of aggravated assault and the jury makes a DW finding, the jury can give probation. The judge must follow the recommendation.

Of course, in this strange world, the judge can grant deferred adjudication.

Right, but if they give probation, and they find that a deadly weapon was used, does the deadly weapon finding have any effect?

Can the judge require 90-120 days as a condition of supervision?

If DW finding, judge may order 60-120 days in prison as a condition of probation if offense is second degree felony or higher. See Tex. Code Crim. Pro. art. 42.12 sec. 3g(b).

If the probation is ever revoked, the defendant must serve at least 50% of sentence before he is eligible for parole. Tex. Gov. Code sec. 508.145(d).

Thanks. That's exactly what we were debating. Appreciated.