CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ____________ COURT
§
§	OF
§
§	___________ COUNTY, TEXAS

MOTION IN LIMINE REGARDING APPLICATION
FOR COMMUNITY SUPERVISION

TO THE HONORABLE JUDGE OF SAID COURT:
	NOW COMES the Defendant, by and through his/her attorney of record, and moves the Court to instruct the District Attorney's Office not to mention or refer to in any manner, before the jury or prospective jury panel, the fact that the Defendant has filed "Defendant's Application for Community Supervision," until such time as this trial, if it does, enters the punishment phase.  In support of this Motion, the Defendant would show the Court as follows:
I.
	The Defendant is required as a matter of law to file the application for community supervision prior to the beginning of trial.
II.
	Any reference by the District Attorney, during the voir dire or guilt/innocence stages of this trial, to the fact that the Defendant has filed an application for community supervision could be construed by the jury as an admission of guilt on the part of the Defendant, and would infringe on the Defendant's presumption of innocence.

III.
	Any references by the District Attorney to the fact that the Defendant has filed an application for community supervision would be made solely to prejudice the jury against the Defendant on the issue of guilt or innocence.
IV.
	The District Attorney may still qualify prospective jurors on the entire range of punishment for this offense without mentioning the "Defendant's Application for Community Supervision."
V.
	The fact that the Defendant has filed an application for community supervision is not a relevant matter for the jury's consideration until the punishment phase of this trial.
	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

Respectfully submitted,

By:                                                     

CERTIFICATE OF SERVICE

	I hereby certify that a true and correct copy of the foregoing motion was hand-delivered or mailed, postage prepaid, to the  of  County, Texas, on the _____ day of .

                                                          

CAUSE NO.  

THE STATE OF TEXAS

V.

§	IN THE 
§
§	OF
§
§	 COUNTY, TEXAS

O R D E R

	On this day came on to be heard the foregoing Motion in Limine Regarding Application for Community Supervision, and same is hereby GRANTED  /  DENIED, to which action Defendant excepted.
	SIGNED                                                                    

							JUDGE PRESIDING