Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION TO SET ASIDE VERDICT OF GUILTY OF STATE JAIL FELONY
AND FOR ENTRY OF JUDGMENT AND ASSESSMENT OF PUNISHMENT FOR A CLASS A MISDEMEANOR

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above styled and numbered cause, and moves the Court to set aside the verdict of guilt entered in this case for a state jail felony and requests the Court to enter a judgment and assess punishment for a class A misdemeanor offense and for cause would show the Court as follows:
	
I.
The Defendant has been indicted, tried and found guilty of the offense of ________________, a state jail felony.  Section 12.44 of the Texas Penal Code, provides that the Court may set aside a judgment or verdict of guilty for a state jail felony and enter a judgment of guilty and assess punishment for a class A misdemeanor, if, after considering the gravity and circumstances of the 
felony, and the history, character and rehabilitative needs of the Defendant, the Court finds that the ends of justice would be served by such a reduction.
	
II.
The Defendant hereby submits that notwithstanding the verdict of guilty entered in this cause, the Court should enter a judgment of guilt for a class A misdemeanor and set his sentence in the range provided by law for a class A misdemeanor.
	
III.
In support of his request, the Defendant would show the Court that there are relevant and significant factors which mitigated against punishment as a felony.  Those factors are:
[INSERT MITIGATING FACTORS]

	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully submits that the 
interests of justice would be best served if this Court would set aside the verdict of guilt for a state jail felony and enter a judgment of guilty for a class A misdemeanor and sentence the Defendant within the range provided by law for a class A misdemeanor.

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 to Set Aside Verdict of Guilty of State Jail Felony and For Entry of Judgment and Assessment of Punishment for A Class A Misdemeanor was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

EX PARTE					§		IN THE _______________ COURT
						§
						§		COURT DESIGNATION
					§
***						§		_______________ COUNTY, TEXAS

					ORDER

Came on to be considered the Motion to Set Aside Verdict of Guilty of State Jail Felony and for Entry of Judgment and Assessment of Punishment for a Class A Misdemeanor of the Defendant.  After consideration of the motion and the argument of counsel, the motion is hereby:

__________ (GRANTED and the verdict of guilty for the offense of __________, a state jail felony, is set aside and the Court enters judgment finding the Defendant guilty of the misdemeanor offense of __________).

__________ (DENIED to which the Defendant duly excepts).

SIGNED on __________________________, 200___.

____________________________________
JUDGE PRESIDING