CAUSE NO.__________________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		_____________ COUNTY, TEXAS
						§
[DEFENDANT]				§		_______ TH JUDICIAL DISTRICT

MOTION FOR IMPOSITION OF SENTENCE OF SHOCK PROBATION

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES _____________________________, the Defendant in the above styled and numbered cause, by and through his undersigned attorney, and files this motion requesting that the Court suspend the execution of the sentence of incarceration and place the Defendant on community supervision and for cause would show the Court as follows:
I.
	Defendant was convicted in the above entitled and numbered cause on the______ day of ______ 200___, for the offense of _______________________, and was sentenced to  confinement in the _________________, for a period of ___________________________.  The Court approved a sentence providing for shock probation as a part of the plea bargain.
II.
	Article 42.12, Section 6, Texas Code of Criminal Procedure, provides that the trial court shall retain jurisdiction for a period of 180 days from the date of execution of the sentence, during which time the Court may on its own motion, or upon the motion of the defendant, suspend further imposition of such sentence and place the defendant on community supervision if in the opinion of the judge the defendant would not benefit from further imprisonment.  Utilization of this provision may occur if:
		1.	The Defendant is otherwise eligible for community supervision under Article 42.12, Texas Code of Criminal Procedure; and

		2.	The Defendant had never before been incarcerated in a penitentiary serving a sentence for a felony.
III.
	Execution of the Defendant's sentence began on the ______ day of _________, 200___.  As of the filing of this Motion,  but less than 180 days have expired since the date execution of sentence actually began.  Therefore, the Trial Court retains jurisdiction of the cause, and may consider this motion through the ___ day of _____________, 200___, which would be the 180th day following execution of sentence.
IV.
	Defendant herein is eligible for community supervision, and has never before been incarcerated in a penitentiary for a felony grade offense.  The offense for which Defendant suffered the imposition of sentence is not such an offense as would be prohibited from consideration by the trial court for community supervision.
V.
	Defendant requests that the trial court suspend the imposition of the imposed sentence and place the Defendant on community supervision, for the following good and sufficient reason(s):  [Examples include:]
1.	The Defendant would not benefit from further incarceration.
2.	Defendant has already served a considerable amount of time of incarceration.
3.	Defendant's family has undergone difficult economic and psychological impairment due to Defendant's incarceration.
4.	Defendant has a good opportunity for employment, and if released from custody and 
placed on probation could become a contributing member of society.
5.	"Shock Probation" was a part of the plea bargain agreement.

	WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Honorable Court set this matter for hearing and that the Court suspend further imposition of sentence and place the Defendant on community supervision.

							Respectfully Submitted,

							_____________________________
							Attorney Name
State Bar Number
							Address
							City, State, Zip
							Phone
							Fax

							ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the foregoing Motion for Imposition of Sentence of Shock Probation was served upon the attorney for the State on the ______ day of _______________, 200___.

							_____________________________
							Attorney for Defendant

CAUSE NO.__________________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		_____________ COUNTY, TEXAS
						§
[DEFENDANT]				§		_______ TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S MOTION FOR IMPOSITION 
OF SENTENCE OF SHOCK PROBATION

	On this ________ day of ___________ , 200__, came to be heard Defendant’s Motion for Imposition of Sentence of Shock Probation.  After consideration of the motion, the argument of counsel, the pleadings in this cause and the Defendant’s record in the penitentiary, the motion is hereby:

_________ GRANTED, further imposition of the Defendant’s sentence of imprisonment is suspended and the Defendant is placed on community supervision for _____ years upon the terms and conditions ordered by the court.

________ DENIED, to which the Defendant timely excepts.

_________ Set for a hearing on  the _______ day of __________, 200___, at ___________o’clock ___.m. in this Court.

Signed on __________________________, 200___.

							____________________________________
							JUDGE PRESIDING