Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.
In the State of Texas, when a defendant is found guilty of multiple offenses that arise out of the same criminal episode that were prosecuted in a single criminal action, a sentence for each offense for which the defendant has been found guilty shall be pronounced. However, unless the exception under subsection (b) applies, the sentences for each offense shall run concurrently.
Subsection (b) of the law provides exceptions to the rule of concurrent sentences. If the defendant is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(1) an offense under Section 49.07 or 49.08, regardless of whether the defendant is convicted of violations of the same section more than once or is convicted of violations of both sections. This also applies to a plea agreement reached in a case in which the defendant was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections.
(2) an offense under Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense, regardless of whether the defendant is convicted of violations of the same section more than once or is convicted of violations of more than one section. This also applies to a plea agreement reached in a case in which the defendant was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.
(3) an offense under Section 21.15 or 43.26, regardless of whether the defendant is convicted of violations of the same section more than once or is convicted of violations of both sections. This also applies to a plea agreement reached in a case in which the defendant was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections.
(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure.
(5) an offense under Section 20A.02, 20A.03, or 43.05, regardless of whether the defendant is convicted of violations of the same section more than once or is convicted of violations of more than one section. This also applies to a plea agreement reached in a case in which the defendant was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.
(6) an offense under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the defendant is convicted of violations of the same section more than once or is convicted of violations of more than one section. This also applies to a plea agreement reached in a case in which the defendant was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once.
(7) These provisions don't apply to juvenile defendants for any combination of offenses listed in Subdivisions (1)- (6). (b-1) Subsection (b)(4).
Sec. 3.04. SEVERANCE.
(a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.
(b) In the event of severance under this section, the provisions of Section 3.03 do not apply, and the order in which the offenses are tried is at the discretion of the defendant.
(c) The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03(b)(2) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the court may order the offenses to be tried separately or may order other relief as justice requires.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 387, Sec. 2, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 667, Sec. 3, eff. Sept. 1, 1997.