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A defendant is tried and sentenced to TDC for an offense. He immediately files a Notice of Appeal. The next month he is tried for a different offense, is convicted and sentenced. Can the judge stack the sentences? Or does the first sentence have to be final, which it is not b/c of the appellate status?
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
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Rivera v. State, 885 SW2d 581 (El Paso 1994), says it is OK, even if the first case is on appeal.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Gee wiz John, you neglected to mention the excellent historical and policy analysis in Rivera.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Note the excellent historical analysis and reasoning in Rivera.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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