May 22, 2007, 16:08
Jeremy WarrenShock 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?
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 WarrenWhat 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?
If the jury makes an affirmative DW finding, then the judge could not grant probation -- shock or regular.