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Individual convicted in a single bench trial of multiple counts of aggravated sexual assault of a child, involving two victims and multiple manner & means. It was alleged that the crimes occurred on or about January 1, 1998. The individual pled no contest to each count. The State presented proof that the crimes occurred over a period of years and on a weekly basis. Upon conviction it was ordered that the sentences involving one victim be served consecutively to those of the other victim. The statute that allowed for such stacking became effective on September 1, 1997. Most of the occurrences were prior to the effective date of the statute, but the crimes continued after that date. Since we don't know for which occurrences the court based its decision, are the stacked sentences in jeopardy of reformation on appeal?
Posts: 9 | Registered: October 26, 2001Reply With QuoteReport This Post
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You might look at Owens v. State,
96 S.W.3d 668, 671-72 (Tex.App.- Austin 2003 no pet.).

The facts seem like yours: "At trial the State offered evidence of multiple and frequent abusive episodes, each constituting one or more of the charged offenses, likely beginning sometime in 1996 and continuing unabated until the date of outcry in May 1999."

The rule they came up with was: "We believe that the trial court has discretion to cumulate sentences under section 3.03(b) when there is some evidence that the offenses occurred after September 1, 1997."
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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