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?

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.

The question is, is there any authority that supports stacking? Or can I just say, "John Rolater says it's OK"?

Jane, take a look at Ebert v. State, 03-06-00752-CR, its an unpublished case out of the 3rd COA but among other things it upheld a finding of contempt that was stacked.

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??

Please, never ever cite as authority "Rolater said it was ok . . ." I read that in a record once and just about died.

Yeah, that's awkward for you when you're the one doing the appeal.