Okay, since January 2007, a MNT can be granted on punishment only. See TRAP 21.9. Say you have a fellow sentenced to several (concurrent) terms under a multiple-count single indictment, but one of the sentences is illegal. Is the new punishment hearing on the single count or all counts? Thoughts?

JAS

If only one sentence is void, I don't see any reason why you'd resentence on the valid sentences. Maybe if there was an indication that the illegal sentence somehow tainted all the other sentences? But I would think the legal sentences would stand and the illegal one alone would be resentenced.

But if the first trial was by jury, we can only speculate whether the jury was delivering a package, with each sentence dependent on the others, or delivering a series of independent sentences. Does this matter?

JAS

Seems like you should be able to fix just the one count. After all, if it went up on appeal, the court of appeals could reverse for a new punishment hearing on just the one (assuming it cannot be reformed to correct the problem).

WHM, I guess Ep Cravens, 805/790 (CCA 91), might be persuasive. That is, a party has to show problem with single count influenced others.

JAS