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?

Its still a conviction under 19.02 so no probation.

I agree. The limitation in 42.12 Sec. 4 is statute-specific, not punishment-range specific.

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