As I read the plain meaning of CCP 37.07, Sec. 2, I take it that if a defendant files a motion for probation before voir dire, unless he also files an election to go to the COURT for punishment, then the JURY WILL assess punishment. I have a judge who feels differently. Anybody got a dispositive case?

Why not ask the defendant before trial what he meant by filing the application for probation? If you force the election and the defense attorney just didn't know what he was doing, you have only created a good ineffective assistance of counsel claim.

Good Point. Don't want to win a battle that will lose the war. Plus, beginning to suspect that perhaps the inartful wording of the statute may have led me astray. Thanks.