Penal Code Ch. 3 Flashcards
(8 cards)
What is a ‘criminal episode’ under PC §3.01?
A criminal episode occurs when a person commits two or more offenses: (1) during the same transaction; (2) in two or more transactions connected by a common scheme or plan; or (3) by repeatedly committing the same or similar offenses.
Why is the definition of a ‘criminal episode’ important in prosecutions?
It allows multiple offenses to be tried together, simplifying the prosecution process and allowing evidence from one offense to support another if part of the same episode.
What does PC §3.02 permit regarding multiple offenses from a criminal episode?
It permits the consolidation of prosecutions. The State may prosecute all offenses in a single criminal action with the defendant’s consent, provided they arise from the same criminal episode.
What is the strategic advantage of consolidating charges under §3.02?
It allows for judicial efficiency, may pressure defendants into plea deals, and enables admissibility of overlapping evidence across charges.
What does PC §3.03 say about sentencing for multiple convictions in a single trial?
By default, sentences run concurrently. However, for certain serious offenses like sexual crimes against children and intoxication manslaughter, the court may order sentences to run consecutively.
Which offenses under §3.03 qualify for consecutive sentencing?
Offenses include those under Chapter 21 (sexual offenses), aggravated sexual assault, indecency with a child, continuous sexual abuse of a child, sexual performance by a child, intoxication manslaughter, and offenses committed while on bail for a felony.
What right does the defendant have under PC §3.04 regarding multiple charges?
The defendant has the absolute right to sever offenses that were joined solely because they arose from the same criminal episode, ensuring separate trials for each offense if timely requested.
How does severance under §3.04 affect the prosecution and law enforcement?
It requires the State to conduct multiple trials and may limit the ability to present overlapping evidence. Law enforcement may need to testify separately for each severed charge.
