If a def. is sentenced to State Jail, he does his time day for day. But what if he is sentenced to the County Jail under P.C. Art. 12.44(a)? Does he do his time day for day, or can he get the same time off for good behavior that a Class A misd. defendant can get?

If you are Board Certified in State Jail Felony law, or even if you're not, please let me know.

Punished as a misdemeanor means treatment in all ways like a misdemeanor, including the 2 for 1 or 3 for one county jail credit. Unless, of course, you are prosecuting under the amendments passed last session, which make the conviction, even though it is a felony, still not one that makes a defendant ineligible for automatic probation as a drug offender. Go figure.

Not exactly part of the oringinal post but, if the defendant has two prior 12.44(a)'s and a new PCS <1g is now punished under PC12.42(a)(1), a 3rd degree Felony, is it still mandatory probation? My position is that it is not mandatory probation as the punishment is not under PC12.35(a). Any other thoughts! Every time it has come up (once to be exact) by agreement we pled "with intent to deliver" just to be safe. (the defendant really did not want probation)

Once you get outside a SJF punishment range, there is no automatic probation. Automatic probation arises from 42.12, sec. 15, which deals only with a state jail felony punishment range. I'm sure someone in the Leg will think they need to plug that "loophole" next session.