12.44(a) fine?

Question:
OK, I'm resurrecting this thread because the question has come up again:

Q: What is the appropriate fine assessed on a SJF punished as a Class A misdemeanor under PC Sec. 12.44(a)?

In addition to what was discussed in the thread linked above (apparently without resolution), here is the verbatim language from SB 15 (1995) that made the relevant change (and since we can't do underline/strikethrough in this format, the added language is in ITALICS and the deleted language is in [brackets] and unbolded:

SECTION 3. Section 12.44, Penal Code, is amended to read as follows:
Sec. 12.44. REDUCTION OF [THIRD DEGREE OR] STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who is convicted of a [third degree felony by imposing the confinement permissible as punishment for a Class A misdemeanor, a fine not to exceed $10,000, or both such fine and confinement, or may punish a defendant who is convicted of a] state jail felony by imposing the confinement permissible as punishment for a Class A [-B-] misdemeanor [, a fine not to exceed $10,000, or both such fine and confinement] if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

The statute now speaks only to "confinement," and the Legislature removed past references to "a fine ... or both ...," but there is no legislative history explaining why the Leg. struck that language.

What say you?

[This message was edited by Shannon Edmonds on 03-18-10 at .]

Choices:
Class A fine ($0-4000)
State jail felony fine ($0-10,000)
No fine; confinement only
Other (please explain)

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