Does the trial judge have the authority to make the charge a first degree felony?

No question identified. : | . re A JURY QonurcTs A DEFENDANT OF 0° DECREE FELONY ROBBERY CHARGES Does THE TRIAL JUDGE HALE THE AUTHORLTY TO MAKE THE CHARGE A FIRST DECREE FELONY? SOE THE INOICTMENT HAS THREE DISTINT PARAGRAPHS LS-THAT A UZOLATION oF THE BLOCK BURGER VS, UMLTED STATES 284 US AM (4934) , Rule? . ARE PARAGRAPHS ELEMENTS OF THE CRIME —— AHARGED EM THE LWDICT MENT ? gs THe STATE OF TEXASS STATUTORY SCHEME TNUDLED LT ALLOWS A JukyY 70 ComUCT A NEFEND, OF SECOND DEGREE OFFENSE BASED PON LTS FINDING BEYOND A REASONABLE QoueT? THEN A SEPARATE PROCEEDING LTTHEW ALLOWS A JUDGE TO LmPOSE PUNSHMENT TDENTICAL TO -THAT TEXAS STATUTE PROUTDE FOR CRIMES OF THE FIRST DECREE" BASED UPON THE JUDGES ETNOrNe By PREPONDEIVE OF THE EVIDENCE?