Mayes, James Odell

OPINION

in which KELLER, P.J., and MEYERS, PRICE, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.

A jury found appellant guilty of the second degree felony of sexual assault. At the punishment phase, the trial judge properly instructed the jury concerning the punishment range (two to twenty years in prison) and the possibility of community supervision. The jury returned a verdict sentencing appellant to two years in prison and recommending community supervision. The judge told the jury that its verdict was illegal because the minimum period of community supervision for sexual assault is five…