IVEY v. STATE - FindLaw
IVEY v. STATE - FindLaw The appellant was convicted by a jury of the misdemeanor offense of driving while intoxicated.2 Having elected to go to the jury for punishment,3 he deliberately forwent filing a sworn motion with the jury declaring that he had never before been convicted of a felony offense in this or any other state, thus rendering himself ineligible for a jury recommendation that he be placed on community supervision under Article 42.12, Section 4.4 The jury assessed his punishment at thirty-five days' incarceration in the county jail and a $2000 fine. After conferring informally with the jury off the record, however, the trial judge announced in open court that, even in the absence of a jury recommendation, she would suspend the imposition of the appellant's sentence, place him on community supervision for a period of two years, and suspend all but $500 of the fine. The trial judge also imposed, inter alia, a thirty-day jail term and a requirement that the appellant complete 60 hours of community service as conditions of the community supervision.5
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