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Click here for the full text of this decision FACTS:A jury found appellant, Peter Paul Hobyl, guilty of the state jail felony of evading arrest and detention while using a vehicle. It assessed his punishment at confinement for 270 days and a fine of $2,000. On appeal, one of appellant’s contentions was that the trial court erred in instructing the jury in the punishment charge that the trial court “could suspend the imposition of the sentence assessed by the jury and place appellant on community supervision.” The court of appeals held that the complained-of instructions were neither unnecessary nor prejudicial, explaining that they contained a proper articulation of the law and did not violate appellant’s constitutional rights to due process and due course of law under the United States and Texas constitutions. HOLDING:The petition for discretionary review is dismissed. In September 2005, the legislature amended Texas Code of Criminal Procedure 42.12 �4(d)(2) to permit jury-recommended community supervision for a defendant convicted of a state jail felony. Because appellant’s issue is moot for the purposes of future jurisprudence, the court decides that appellant’s petition was improvidently granted. OPINION:Meyers, J., delivered the opinion for a unanimous court.

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