I know there should be an easy answer to these questions, so I apologize in advance.

1) Is there a separate punishment hearing in JP court?

2) If not, does the jury get to decide the punishment at all?

3) Finally, can a JP place a person on probation (not deferred, mind you) after a jury has found that person guilty?

See CCP Art. 37.07 Sec. 2. There is no separate hearing on punishment. It is assessed by the jury in a jury trial

Thanks. I didn't think there was, but it's nice to be able to point to some authority.

I'm pretty sure the jury doesn't asses punishment in justice courts. CCP art. 45.036 basically says the jury brings the verdict into the court and then once the justice or judge checks if the verdict is proper, they shall render the proper judgment and sentence on the verdict. So, it's up to the judge what the punishment is going to be in the first place. Secondly, CCP art. 45.051 leaves it up to the judge whether the defendant gets deferred adjudication and what the conditions during the deferral period are.

cool. thanks for the insight. i really appreciate it. you are both awesome!

[This message was edited by David Newell on 04-10-07 at .]

Sean, I respetfully disagree. Under 45.036 the judge simply renders the judgment and sentence based on the verdict of the jury as a ministerial act. The language of CCP Art. 37.07 Sec. 2(a) spells out that there is no bifurcated trial in a Class C case if the defendant has a jury trial.