Batten v. State
In Batten v. State, 549 S.W.2d 718 (Tex. Crim. App. 1977), the jury sentenced the appellant to no days in jail and a one hundred dollar fine, but recommended probation.
In reversing and remanding for further proceedings, the court reasoned that the jury had reached an improper verdict because the code of criminal procedure did not "authorize a jury to impose a penalty for the crime charged and have that penalty exacted from the accused and then in addition require that he serve a probation supervisory period when there is neither a fine nor jail time to be probated." Id. at 721.