A jury convicted my defendant of the offense of implements of escape with a deadly weapon finding and punished her with 10 years in prison and a $10,000 fine. She was eligible for probation. The defense attorney has requested shock probation. I argued that she was not entitled to shock probation since the judge could not give her regular probation because it was a 3G offense. The defense attorney argued that the judge could grant her shock probation because she was otherwise eligible for probation and she'd never been to prison for a felony. I cannot find any case law on this. Please help!

Ex parte Austin, 746 sw2d 226 (Tex. Crim. App. 1988)

File a writ of mandamus under the authority of ex rel Hury v. Morgan,601/717, ex rel Vance v. Hatten,600/828 and related cases.

Or show the Judge pages 35 and 36 of the Perfect Plea to inform him/her that the defendant is not eligible for community supervision with the deadly weapon finding!