Ex Parte McIver

OPINION ON STATE’S MOTION FOR REHEARING

PHILLIPS, Judge.

A panel of this Court, in a decision which we are now asked by the State to reconsider, held that a jury does not have the authority under Article 42.12, V.A.C.C.P., to assess a defendant’s punishment at a term of confinement and a fine, with only the fine being probated.

In its motion for rehearing, the State relies on Section 1 of Article 42.12, supra, which provides in part:

*855It is the purpose of this Article to place wholly within the State courts of appropriate jurisdiction the responsibility for determining when the imposition of…