Cause No. __________

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

MOTION TO REDUCE STATE JAIL FELONY TO CLASS A MISDEMEANOR

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above styled and numbered cause, pursuant to 
Section 12.44 of the Texas Penal Code and requests that the state jail felony offense charged against Movant be reduced to a class A misdemeanor and for cause would show the Court as follows:
	
	I.
The Defendant is charged with the state jail felony offense of_________________.  Section 12.44 of the Texas Penal Code , provides that a court may authorize the State to prosecute the Defendant herein for a lesser class A misdemeanor offense if, after considering the gravity and circumstances of the felony charge herein and the history, character and rehabilitative needs of the Defendant, the Court finds that a sentence for a class A misdemeanor would best serve the ends of justice.
	
	II.
The evidence in this case concerning the gravity and circumstances of the offense shows that the Defendant is not likely to again violate the penal laws of this state.  In addition, the following facts mitigate against punishment for a felony grade offense:
	
[SET FORTH THE FACTS THAT WARRANT THE REDUCTION TO A MISDEMEANOR]

	III.
The history, character and rehabilitative needs of the Defendant are as follows:
[SET FORTH THAT INFORMATION]
	
	IV.
The foregoing demonstrates that the Defendant would not benefit from a felony grade punishment for this case.  The Defendant requests that the Court authorize the prosecuting attorney to initially prosecute this case as a class A misdemeanor rather than a state jail felony.

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays that the Court authorize 
the State to initially prosecute this case as a class A misdemeanor or in the alternative, that the Court enter a class A misdemeanor judgment in lieu of any felony judgment in this cause.

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 Reduce State Jail Felony to Class A Misdemeanor was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant			

Cause No. __________

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

					ORDER

On _____________________, 200___, came on to be considered the motion to reduce state jail felony to a class A misdemeanor filed by and on behalf of the Defendant.  Upon consideration of the motion, it is hereby:

___________ (GRANTED and the State is authorized to charge the Defendant with the class A misdemeanor offense of __________________).

___________ (DENIED, to which the Defendant duly excepts).
___________ (Set for a hearing on __________________, 200___, at __________ o’clock ___.m.).

SIGNED on ________________________, 200___.

	
____________________________________
JUDGE PRESIDING