Punishment Phase

• Author: Robert Gill/Mark G. Daniel
• Pages: 371-442

20-1

CHAPTER 20

PUNISHMENT PHASE

I. Punishment Elections and Applications

A. Electing Whether Judge or Jury Will Assess Punishment

§20:01 Statutory Law

§20:02 Defendant Must File Election Before Trial

§20:03 Changing a Punishment Election

B. Defendant’s Application for Community Supervision

§20:10 Statutory Law

§20:11 Application Must Be Timely

§20:12 Defendant Must Show Eligibility for Community Supervision

C. Application for Reduction of Felony to Misdemeanor Punishment

§20:20 Statutory Law

§20:21 General Points

D. Partial Execution of Some State Jail Sentences

§20:22 Statutory Law

II. Alternate Methods of Serving Sentences

§20:30 Service During Off-Work Hours

§20:31 County Work Release Program

§20:32 House Arrest and Electronic Monitoring

§20:33 Service by Performing Community Service

§20:34 Sentences to Term of Community Supervision

III. Evidence at the P unishment Phase

A. General Points

§20:40 Statutory Law

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

TEXAS CRIMINAL FORMS 20-2

B. Extraneous Offenses and Bad Acts

§20:50 Statutory Law

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

§20:52 Objecting to Punishment Evidence

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 Attack 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 Supervision

§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

§20:96 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. Cumulation Orders

§20:150 Statutory Law

§20:151 General Points

VII. Forms

Form 20-1 Motion for Judge to Assess Punishment

Form 20-2 Motion for Jury to Assess Punishment

20-3 PUNISHMENT PHASE

Form 20-3.1 Motion to Change Punishment Election

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

Form 20-4 Defendant’s Written Application for Community Supervision

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 Motion to Serve Sentence During Off-Work Hours

Form 20-7 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 Motion to Declare Art. 37.07 §3(a) Unconstitutional

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 20-22 Restitution Motion

Form 20-23 State Boot Camp Order

Form 20-24 SAFPF Order

Form 20-25 Application for Writ of Habeas Corpus Challenging Conditions of Community

Supervision

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