TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Shock probation for conspiracy to commit capital murder?
Go
New
Find
Notify
Tools
Reply
  
Shock probation for conspiracy to commit capital murder? Login/Join 
Member
posted
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?
 
Posts: 71 | Location: Angleton, Texas, USA | Registered: September 09, 2005Reply With QuoteReport This Post
Member
posted Hide Post
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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
Member
posted Hide Post
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?
 
Posts: 71 | Location: Angleton, Texas, USA | Registered: September 09, 2005Reply With QuoteReport This Post
Member
posted Hide Post
If the jury makes an affirmative DW finding, then the judge could not grant probation -- shock or regular.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Shock probation for conspiracy to commit capital murder?

© TDCAA, 2001. All Rights Reserved.