Do you submit a special issue finding for a jury in guilt or innocence similar to a deadly weapon finding?

One of the charges in the database describe this section as "jurisdictional" I don't get it Please help. Have a trial Mon and I'm working on the charge.

Also would love to hear how you guys educate your juries on an entrapment defense.

Drug free zone is a punishment issue by the wording in the Penal Code under section 481.134. Nothing like reading the Code to answer your own questions!!!!!

Be careful. There are several subsections in HSC Sec. 481.134 that say "if it is shown on the trial" and one subsection that says "if it is shown at the punishment stage".

I think you would be safer having a finding of drug free zone at the guilt stage to avoid any Apprendi v. New Jersey problems.

Apprendi requires that the fact finder decide the punishment issue if it alters the range of punishment (except for prior convictions). The defendant chooses the fact finder at guilt by not waiving a jury trial. The defendant chooses the fact finder at punishment by electing judge or jury. So, there is no need to manipulate the statute into pushing the issue out of the punishment stage. If the defendant wants the jury to decide the drug free zone issue, then he should elect jury punishment. If he elects judge punishment, then he is waiving his right to a jury trial on the issue.

Don't give his cake and let him eat it, too.

Different sections do different things. Sect. 481.134 (b) addresses the DFZ as resulting in a higher punishment range AFTER the conviction at guilt/innocence. 481.134 (c) will only increase the minimum punishment range. 481.134(d), (e), and (f), bump the entire conviction up. Case law specifically allows DFZ evidence during guilt/innocence because it is elemental to the level of conviction obtained. See Harris v. State, 125 S.W.3d 45, 50 (Tex. App. - Austin, 2003). For example, if you possess < 1 gram cocaine in a DFZ, it is not a state jail conviction with a 3rd degree punishment range. It IS a 3rd degree conviction. The beauty of it is you can enhance with 2 sequential prior felonies to make your crack rock DFZ a habitual offender. Nice.