Texas statute
Tex. Penal Code § 3.04 — Severance
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 3: MULTIPLE PROSECUTIONS, Texas Penal Code.
Full text of Tex. Penal Code § 3.04
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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 court in its discretion may order the sentences to run either concurrently or consecutively. (c) The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03 (b) or (c) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires.
Official sources
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