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I have a defendant who was sentenced to a TDCJ sentence for Arson and Agg. Assault the other day, and during the court proceedings (after sentencing), the defendant yelled at the victim -- twice -- after being warned not to, and the judge found him to be in contempt of court and sentenced him to 180 days. The judge ordered the 180 days to run consecutive to his TDCJ sentence. Can he do that? Can you stack a contempt sentence?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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Seems like you ought to be able to stack. Because he had already been sentenced on the one, its not like he could have been prosecuted for both offenses in one proceeding.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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The question is, is there any authority that supports stacking? Or can I just say, "John Rolater says it's OK"?
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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Jane, take a look at Ebert v. State, 03-06-00752-CR, its an unpublished case out of the 3rd COA but among other things it upheld a finding of contempt that was stacked.
 
Posts: 158 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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quote:
Originally posted by jane starnes:
The question is, is there any authority that supports stacking? Or can I just say, "John Rolater says it's OK"?


Isn't that good enough??
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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Please, never ever cite as authority "Rolater said it was ok . . ." I read that in a record once and just about died.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Yeah, that's awkward for you when you're the one doing the appeal.
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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