May 01, 2003, 11:22
nlostraccostacking sentences
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?
Rivera v. State, 885 SW2d 581 (El Paso 1994), says it is OK, even if the first case is on appeal.
Gee wiz John, you neglected to mention the excellent historical and policy analysis in
Rivera.
Note the excellent historical analysis and reasoning in Rivera.