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Shock probation for conspiracy to commit capital murder?

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3801005051

May 22, 2007, 16:08
Jeremy Warren
Shock probation for conspiracy to commit capital murder?
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?
May 22, 2007, 16:26
JB
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.
May 22, 2007, 19:56
Jeremy Warren
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?
May 22, 2007, 20:23
JB
If the jury makes an affirmative DW finding, then the judge could not grant probation -- shock or regular.