Punishment Issues

Question 1

Bifurcated Trials in Texas (3)

Answer 1

(1) guilt and innocence stage
(2) punishment stage
(3) except capital murder cases in which death penalty has been waved

Question 2

Election (4)

Answer 2

(1) solely belongs to defendant
(2) once a defendant elects, can only be changed with consent of the state
(3) must be pre-trial
(4) can plead guilty and still elect jury punishment (open plea)

Question 3

Punishment Evidence (6)

Answer 3

(1) prior criminal record
(2) general reputation
(3) character
(4) circumstances of offense for which he is on trial
(5) extraneous offenses/bad acts proven beyond a reasonable doubt regardless of whether he has been charged with or convicted of the same
(6) juvenile history of crimes for which one could be imprisoned or jailed

Question 4

Community Supervision Definition (2)

Answer 4

(1) court-ordered placement of a defendant under a continuum of programs and sanctions for a specified period of time.
(2) The imposition of sentence is suspended in whole or part

Question 5

Types of community supervision (2)

Answer 5

(1) straight probation

(2) deferred adjudication probation

Question 6

Straight probation definition

Answer 6

Defendant found guilty, but imposition of sentence is suspended and defendant supervised in community.

Question 7

Deferred adjudication Definition (3)

Answer 7

(1) enough evidence adduced to find defendant guilty, but such finding is deferred and defendant placed on community supervision.
(2) If probation is satisfactory completed, there is no finding of guilt and no conviction results.
(3) Does not expunge defendant’s record

Question 8

Deferred adjudication allowed (3)

Answer 8

(1) in judge’s opinion the best interest of society and defendant will be served
(2) only imposed by a judge
(3) only imposed prior to trial and prior to finding of guilt

Question 9

Deferred Adjudication application and eligibility (6)

Answer 9

(1) file an application pre-trial
(2) felony probation application must verify that a defendant has never before been convicted of a felony in Texas or any other state, and must be sworn by defendant
(3) probation may not exceed 10 years
(4) Texas does not allow in certain circumstances
(5) If a jury recommends probation, court must follow
(6) court sets certain terms and conditions as allowed by law

Question 10

Revocation of Probation (6)

Answer 10

(1) if violates terms can be revoked
(2) if straight probation revoked, prison term is limited to length of probation
(3) if deferred adjudication revoked, may sentence to any term w/in the statutory range
(4) not entitled to a jury at revocation hearing
(5) Burden of proof on state
(6) preponderance of the evidence