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Member |
Can a judge grant community supervision to a defendant charged with conspiracy to commit capital murder? The defendant wants to plead to shock probation. Can the judge grant probation for a conspiracy or attempted 3g offense? | ||
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Member |
Yes, defendant is eligible, assuming a sentence of 10 years or less and no deadly weapon finding. See page 69 of The Perfect Plea and footnote 30. | |||
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Member |
What if the indictment alleges conspiracy to commit capital murder by doing an act in furtherance of robbing a convenient store and killing the clerks using a firearm? Since there is a DW in the indictment, would the defendant still be eligible to get shock probation from the judge? | |||
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Member |
If the jury makes an affirmative DW finding, then the judge could not grant probation -- shock or regular. | |||
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