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Member |
We are in trial. The jury just convicted the defendant for murder. If the jury finds sudden passion in punishment would the defendant be probation eligible? | ||
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Member |
Its still a conviction under 19.02 so no probation. | |||
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Administrator Member |
I agree. The limitation in 42.12 Sec. 4 is statute-specific, not punishment-range specific. | |||
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Member |
just tried a murder case where sudden passion was found by jury, still not probation eligible. murder is still murder even if suddn passion proven | |||
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