I have a kid who has 2 assaults on pub servant (teachers - 03/06, 05/06), 2 terroristic threats against 2 different teachers (10/05, 02/06) and a burg of vehicle (04/06). All occurred at school during the 05-06 school year. The defense atty has filed a motion to sever and the hearing is next week. From what I understand, the judge has discretion. My argument is judicial economy, proximity of the assaults and essentially justice (if extraneous unadjudicated offenses can't be heard in either adjudication or disposition). And the fact that I am not looking forward to 5 seperate trials with this one kid and his mother. Any ideas?

You might look at In re D.L., 160 S.W.3d 155,162
(Tex.App.-Tyler 2005) (court looks to TEX. R. CIV. P. 41 & 174(a) rather than TEX. PENAL CODE sec 3.04)

Morgan and Gaither say:
It is proper to sever when:

1. the controversy involves more than one cause of action (more than one criminal episode);

2. the severed claim is one which could be asserted independently in a separate cause of action; and,

3. the severed actions are not so interwoven with the other claim that they involve the same facts and issues.

The harm analysis will be applied to ascertain if there was sufficient evidence of each offense, standing alone, to convict. Any error which probably did not cause the rendition of an improper verdict can be disregarded.
29 TEX. PRAC � 228