Texas Penal Code 3.04 – Severance
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(a) Whenever two or more offenses have been consolidated or joined for trial under § 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 § 3.03 do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively.
Terms Used In Texas Penal Code 3.04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The right to severance under this section does not apply to a prosecution for offenses described by § 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.