Texas Code of Criminal Procedure 42A.552 – Review of Presentence Report
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Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Code of Criminal Procedure 42A.552
- 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
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
Before imposing a sentence in a state jail felony case in which the judge assesses punishment, the judge shall:
(1) review the presentence report prepared for the defendant under Subchapter F; and
(2) determine whether the best interests of justice require the judge to:
(A) suspend the imposition of the sentence and place the defendant on community supervision; or
(B) order the sentence to be executed in whole or in part as provided by Article 42A.551(d).