Hayles v. State

OPINION

DIES, Chief Justice.

Our former opinion is withdrawn, and the following substituted:

Appellant was convicted by a jury of the offense of criminal negligent homicide. In returning its punishment verdict, the jury directed:

“We, the jury, having found the Defendant guilty as charged in the Information assess his penalty at a fine of $1,000 and confinement in the County Jail for a term of 2 years. We further find he has not been previously convicted of a felony and recommend probation of the jail term herein.”

The trial judge entered a judgment granting appellant probation included as the…