(a) This article applies only in the trial of an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, in which:
(1) the defendant enters a plea of guilty; and
(2) the attorney representing the state, the attorney representing the defendant, and the defendant agree in writing that the defendant will become eligible for release on parole as described by § 508.145(c-1)(2), Government Code.
(b) In the trial of an offense to which this article applies, on the motion of the attorney representing the state, the judge shall make an affirmative finding of fact that the parties have entered into the agreement described by Subsection (a)(2) and shall enter the affirmative finding in the judgment in the case.

Terms Used In Texas Code of Criminal Procedure 42.01991

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.