Going to trial on a SJF TODAY. Defendant has indicated that he wants to go to judge for punishment (NOT a drug case). Can judge grant community supervision? I am looking at CCP 42.12, sec. 3(e) "A defendant is NOT eligible for community supervision under this section if the defendant ... (2) is sentenced to serve a term of confinement under section 12.35, Penal Code" BUT CCP 42.12, sec. 15 (2) says "On conviction of a state jail felony punished under section 12.35(a), Penal Code, other than a state jail felony listed in Subdivision (1), the judge MAY suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed."

SO - can the judge grant community supervision on conviction of the SJF if the defendant elects to have the judge assess punishment? Am I missing something really simple here?

Yes, they can be put on CS. Unpublished: Smith v. State, 2004 Tex. App. LEXIS 5855

That is what the judge thought, but he was concerned with the 42.12 section 3 language.

I really appreciate the help.