Had a disposition hearing to the jury in a determinate agg robbery case. case had been accepted by the grand jury and j-r entered a plea of true to the charge as set out in our determinate sentence petition. atty for j-r asked that jury be instructed that they could assess disposition as an indeterminate commitment. judge refused instruction. kid got 30. came up on appeal. appellate court has granted oral arguments. am i crazy? surely he wasn't entitled to that instruction. a jury can't even assess punishment on indeterminate cases. thoughts?

I totally agree with you. I think you judge make the right call and the appellate court will uphold his decision.

My authority is the statute:
Sec. 54.04 Dispositon Hearing; ...the second sentence says "There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence..."