Texas - Multiple Prosecutions Flashcards
Where is the “Multiple Prosecutions” section found?
Chapter 3 Penal Code
What does “criminal episode” mean?
commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item or property, under the following circumstances:
- Same transaction or connected transactions OR common scheme or plan;
- offenses are repeated commission of same or similar offenses
Which offenses can be joined?
Those arising from same criminal episode
What if the State wants to proceed on multiple Indictments (charging instruments) in the same action?
The State must file written notice not less than 30 days before trial
What about joinder on re-trial?
State may not join new offense UNLESS evidence of probable guilt of new offense was not known at the time the “first prosecution COMMENCED”
Which misdemeanors does a District Court have jurisdiction over?
Only misdemeanors of official misconduct
What is the general rule for sentencing on multiple offenses prosecuted in a single criminal action?
Sentences run concurrently, unless in exception.
When does the court have discretion for concurrent or consecutive sentences in same criminal action?
- Intox. Assault & Intox. Manslaughter (stacked on each other or stacked multiple of same)
- Victim Younger than 17 (even on plea)
a. Online Solicitation
b. Continuous
c. Sex Assault
d. Agg. Sex. Assaulte.
e. Prohibited Sexual Conduct
f. Sexual Performance of a Child - Regardless of Victim’s Age (even on plea)
a. Improper Recording
b. Possession of Child Porn - Finding of Gang Related Conduct (not on plea)
- Regardless of Age (even on plea)
a. Trafficking
b. Compelling Prostitution - First Degree injury to child, elderly, disabled (even on plea)
Doesn’t apply to juveniles transferred to criminal court
