The only available punishment is im prisonment or.The defendant is convicted of or enters a plea of guilty to capital murder.Punishment is to be assessed by a jury.The judge explains this finding on the record.The judge finds that there is sufficient evidence in the record to permit sentencing without the report and.The defendant requests that a report not be made and the judge agrees.The law requires a pre-sentence investigation in every case, UNLESS: The Law Regarding PSIs in Texas | When is a PSI Required? The probation officer gathers this information during a pre-sentence investigation or PSI. any other information relating to the offender or the offense requested by the judge.”.the criminal and social history of the offender and.the amount of restitution necessary to adequately compensate victims of the offense.the circumstances of the offense with which the defendant is charged.42A.252) requires a community supervision officer to prepare and submit a written report to the court. In addition to witness testimony, prior to sentencing a defendant, Texas Law ( Texas Code of Criminal Procedure Art. Pre-Sentence Investigation (PSI) as Part of an Open Plea This situation is referred to as an “Open Plea.” In an open plea, after a defendant pleads guilty, both parties may put evidence on for the judge in order for the court to determine an appropriate sentence. The defendant may request that the judge assess an appropriate sentence, believing that the judge might be more fair-minded than the DA in this particular case. But, there are situations that arise wherein a defendant wishes to enter a plea of guilty, but does not agree to accept the sentencing recommendation that is being made by the State. In Texas, when a defendant pleads guilty to a criminal offense, the sentencing is most often agreed upon by both the State Prosecutor and defendant prior to the plea. *This article relates to State cases only.
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