[writmeister]

In Texas, a defendant elects whether a jury or the judge assesses punishment. If the defendant elects for the jury to assess punishment and the jury places the defendant on community supervision, the judge has no authority to alter that sentence.

However, the Texas Code of Criminal Procedure allows for a judge to place conditions on a defendant's community supervision. One of those statutory conditions is that the judge may require a defendant placed on community supervision to serve up to 180 days as a condition of his community supervision.

Therefore, if a defendant receives community supervision from the jury, the most jail time he can serve is 180 days.

[Treader]

I have a brain sucker dyin' of starvation. I saw red, when first reading of this sentencing commitment, and quarked on past- fully recognizing the terms of conditions. I now see the point of your prior post. Thanks for being kind...This case must have some extremely mitigating circumstances.