Flashcards in Texas - Multiple Prosecutions Deck (8)
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1
Where is the "Multiple Prosecutions" section found?
Chapter 3 Penal Code
2
What does "criminal episode" mean?
commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item or property, under the following circumstances:
1. Same transaction or connected transactions OR common scheme or plan;
2. offenses are repeated commission of same or similar offenses
3
Which offenses can be joined?
Those arising from same criminal episode
4
What if the State wants to proceed on multiple Indictments (charging instruments) in the same action?
The State must file written notice not less than 30 days before trial
5
What about joinder on re-trial?
State may not join new offense UNLESS evidence of probable guilt of new offense was not known at the time the "first prosecution COMMENCED"
6
Which misdemeanors does a District Court have jurisdiction over?
Only misdemeanors of official misconduct
7
What is the general rule for sentencing on multiple offenses prosecuted in a single criminal action?
Sentences run concurrently, unless in exception.
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