Texas Code of Criminal Procedure 42A.204 – Partial Execution of Sentence: Firearm Used or Exhibited
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(a) If in the trial of a felony of the second degree or higher there is an affirmative finding described by Article 42A.054(d) and the jury recommends that the court place the defendant on community supervision, the court may order the defendant imprisoned in the Texas Department of Criminal Justice for not less than 60 and not more than 120 days.
(b) At any time after the defendant has served 60 days in the custody of the Texas Department of Criminal Justice, the sentencing judge, on the judge’s own motion or on motion of the defendant, may order the defendant released to community supervision.
Terms Used In Texas Code of Criminal Procedure 42A.204
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The department shall release the defendant to community supervision after the defendant has served 120 days.