Punishment phase

• Author: Robert K. Gill/Mark Daniel
• Pages: 1329-1434

PUNISHMENT PHASE

20-1

CHAPTER 20

PUNISHMENT PHASE

I. PUNISHMENT ELECTIONS AND APPLICATIONS

A. Electing Whether Judge or Jury Will Assess Punishment

§20:01 Statutor y Law

§20:02 Defendant Must File Election Before Trial

§20:03 Changing a Punishment Election

B. Defendant’s Application for Community Supervision

§20:10 Statutor y Law

§20:11 Application Must Be Timely

§20:12 Defendant Must Show Eligibility for Community Supervision

§20:13 Pre-sentence and Post-sentence Reports

§20:13.1 Statutory Law

§20:13.2 [Reserved]

C. Application for Reduction of Felony to Misdemeanor Punishment

§20:20 Statutor y Law

§20:21 General Points

D. Partial Execution of Some State Jail Sentences

§20:22 Statutor y Law

II. ALTERNATE METHODS OF SERVING SENTENCES

§20:30 Cour t’s Duty To Determine Ability To Pay

§20:30.1 Statutory Law

§20:31 Service During Off-Work Hours

§20:32 Count y Work Release Program

§20:33 House Arrest and Electronic Monitoring

§20:34 Ser vice by Performing Community Service

§20:35 Sentences to Term of Community Super vision

III. EVIDENCE AT THE PUNISHMENT PHASE

A. General Points

§20:40 Statutor y Law

§20:41 Challenging the Constitutionalit y of Art. 37.07 §3(a)

§20:42 Evidence of Temporary Insanity

§20:42.1 Statutory Law

§20:42.2 Case Law

B. Extraneous Offenses and Bad Acts

§20:50 Statutor y Law

§20:51 Requesting Notice of Intent to Introduce Extraneous Offenses

§20:52 Objecting to Punishment Evidence

PUNISHMENT PHASE

Texas Criminal Forms 20-2

C. Notice of Repetition and Habitual Allegations Outside of Indictment

§20:60 Notice Must Be Plead in Some Form

D. Challenging Enhancement Allegations

§20:70 Defendant Can At tack an Inf‌irm Prior Conviction

E. Limine Motions at the Punishment Phase

§20:80 General Points

IV. PROVISIONS OF COMMUNITY SUPERVISION

A. General Points

§20:90 Reduction or Termination of Community Super vision

§20:90.1 Statutory Law

§20:90.2 General Points

§20:91 Time Credits for Completion of Certain Conditions of Community Supervision

§20:92 Payment of Restitution to the Victim

§20:93 Commitment to the State Boot Camp Program

§20:94 Commitment to the Substance Abuse Felony Punishment Facility Program

§20:95 Challenging Conditions of Community Supervision

§20:95.1 Statutory Law

§20:95.2 Case Law

§20:96 Suppressing the Search of a Probationer

B. Shock Probation

§20:100 Statutory Law

§20:101 General Points

V. REVOCATIONS OF COMMUNITY SUPERVISION

A. Petitions to Revoke Community Supervision

§20:110 Statutory Law

§20:111 General Points

§20:112 Quashing the Revocation Petition

§20:113 Defendant’s Right to Proceed to Adjudication

B. Speedy Revocation Hearings

§20:120 Statutory Law

§20:121 Right to Speedy Revocation Hearing

C. Due Diligence in Community Supervision Revocation Proceedings

§20:130 Statutory Law

§20:131 Case Law

D. Revocation for Defendants in Penal Institutions

§20:140 Statutory Law

§20:141 Waiver of Hearing

VI. CUMUL ATION ORDERS

§20:150 Statutory Law

§20:151 General Points

VII. DILIGENT PARTICIPATION CREDITS IN STATE JAIL CASES

§20:160 Diligent Participation Credits in State Jail Cases

20:160.1 Statutory Law

VIII. FORMS

Form 20-1 Motion for Judge to Assess Punishment

Form 20-2 Motion for Jury to Assess Punishment

Form 20-3.1 Motion to Change Punishment Election

Form 20-3.2 Motion for Probation From Judge Following Jury Verdict

Form 20-4.1 Defendant’s Written Application for Community Supervision

PUNISHMENT PHASE

20-3 Punishment Phase

Form 20-4.2 Defendant’s Statement of Factual Inaccuracies and Omissions from PSR

Form 20-5.1 Motion for Reduction of State Jail Felony Punishment to Misdemeanor Punishment

Form 20-5.2 Defendant’s Motion to Partially Execute State Jail Felony Sentence

Form 20-6.1 Defendant’s Motion For Court To Determine Ability To Pay (Felony)

Form 20-6.2 Defendant’s Motion For Court To Determine Ability To Pay (Misdemeanor)

Form 20-6.3 Motion to Waive Court Costs

Form 20-7.1 Motion to Serve Sentence During Off-Work Hours

Form 20-7.2 Motion to Serve Sentence on Work Release Program

Form 20-8.1 Motion to Serve Sentence on House Arrest

Form 20-8.2 State’s Motion for Revocation of House Arrest

Form 20-9.1 Motion to Serve Sentence by Community Service

Form 20-9.2 Motion to Stay Commencement of Community Supervision Term Pending Appellate Process

Form 20-9.3 Motion to Commence Community Supervision Term Pending Appellate Process

Form 20-10.1 Motion to Declare Art. 37.07 §3(a) Unconstitutional

Form 20-10.2 Defendant’s Requested Jury Instruction on Temporary Insanity

Form 20-11 Request for Notice of State’s Intention to Introduce Evidence in Punishment Pursuant to Art. 37.07

Form 20-12 State’s Notice of Intent to Offer Punishment Evidence Pursuant to Art. 37.07

Form 20-13 Request for Notice of State’s Intention to Introduce Evidence in Punishment Pursuant to Art. 37.071

Form 20-14 State’s Notice of Intent to Offer Punishment Evidence Pursuant to Art. 37.071

Form 20-15 Defendant’s Objection to Punishment Evidence Offered Pursuant to Art. 37.07

Form 20-16 State’s Notice of Intent to Seek Finding on Repetition or Habitual Allegation

Form 20-17 Motion to Quash Enhancement Allegation

Form 20-18 Brief in Support of Motion to Quash Felony Enhancement

Form 20-19 Defendant’s Motion in Limine at Punishment

Form 20-20 Motion for Early Release From Community Supervision

Form 20-20.1 Defendant ’s Motion for Time Credits for Completion of Certain Conditions of Community Supervision

Form 20-20.2 Order Granting Time Credits for Completion of Certain Conditions of Community Supervision

Form 20-20.3 State’s Motion to Forfeit Time Credits

Form 20-20.4 Order on State’s Motion to Forfeit Time Credits

Form 20-21.1 Order Reducing and Terminating Community Supervision

Form 20-21.2 Order Reducing and Terminating Deferred Adjudication

Form 20-21.3 Order Terminating Community Supervision

Form 20-21.4 Order Terminating Deferred Adjudication

Form 20-21.5 Order Discharging Probation—Texas Off‌ice of Court Administration

Form 20-22 Restitution Motion

Form 20-23 State Boot Camp Order

Form 20-24 SAFPF Order

Form 20-25.1 Application for Writ of Habeas Corpus Challenging Conditions of Community Supervision

Form 20-25.2 Defendant’s Motion To Consider Defendant’s Inability To Pay Probation Fees And Costs

Form 20-25.3 Out of County Travel Notice/Request

Form 20-26 Motion to Suppress Evidence Obtained Pursuant to Search of Probationer

Form 20-27 Motion for Shock Probation

Form 20-28 State’s Petition for Revocation of Probated Sentence

Form 20-29.1 State’s Petition to Proceed to Adjudication

Form 20-29.2 Defendant’s Motion to Proceed to Adjudication

Form 20-30 Written Admonishments of Revocation of Community Supervision

Form 20-31.1 Motion to Quash State’s Petition to Revoke Community Supervision

Form 20-31.2 Motion to Quash State’s Petition to Revoke Community

Supervision (Allegation of Failed Polygraph)

Form 20-32 Application for Writ of Habeas Corpus Alleging Lack of Jurisdiction

Form 20-33 Motion for Speedy Revocation Hearing

Form 20-34 Motion to Dismiss Motion or Petition for Failure to Provide Speedy Revocation Hearing

Form 20-35 Motion to Dismiss Motion or Petition for Failure to Exercise Due Diligence

Form 20-36 Brief in Support of Motion to Dismiss Petition to Proceed Based on Lack of Due Diligence