Going to trial next week on an evading detention in a vehicle case. The indictment, also, contains a deadly weapon allegation. Does anyone have a jury instruction that has worked in the past? If so, please email it to email@example.com
I suppose you are seeking assessment of punishment under Sec. 12.35 (c) is the reason for the separate allegation about a d/w. Stewart, No. 10-00-62-CR (2/6/02) holds such a finding unnecessary, though implying it still might be the better practice. Another reason would go like this: jury cannot consider probated sentence under 42.12 sec. 4(d)(2); nor can court grant suspension of sentence by virtue of sec. 3g (a)(2). Note that authority of court under sec. 15(a) is only for a "state jail felony punished under Section 12.35(a), Penal Code."
Won't the pretty standard issue work? E.g., "Do you find from the evidence beyond a reasonable doubt that during the commission of the offense, if you have found such offense was committed, that Defendant used or exhibited a deadly weapon as defined herein?"
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.