Use of a Deadly Weapon Finding

| Nov 9, 2010 | Criminal Defense |

TEX. CODE CRIM. P. §3G states that if there is an affirmative finding under Subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited was a firearm and the defendant is granted community supervision, the court may order the defendant confined in the institutional division of the Texas Department of Criminal Justice (TDCJ) for not less than 60 and not more than 120 days. At any time after the defendant has served 60 days in the custody of the institutional division, the sentencing judge, on his own motion or on motion of the defendant, may order the defendant released to community supervision.  The institution division shall release the defendant to community supervision after has served 120 days.