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Is he eligible? Yes. The statute simply says:
Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.
(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.
However, if he was already on probate for the same type of crime then it is unlikely the DA will agree to allow this unless he is afraid he can't win the case.
He will have a better chance of getting this offered if he has his own lawyer, as opposed to a court appointed one, who does a lot of trials and can do discovery in this case and find the weak points.
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