Tex.
Penal Code Section 3.04
Severance
(a)
Whenever two or more offenses have been consolidated or joined for trial under Section 3.02 (Consolidation and Joinder of Prosecutions), the defendant shall have a right to a severance of the offenses.(b)
In the event of severance under this section, the provisions of Section 3.03 (Sentences for Offenses Arising out of Same Criminal Episode) do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively.(c)
The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03 (Sentences for Offenses Arising out of Same Criminal Episode)(b) or (c) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires.
Source:
Section 3.04 — Severance, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.3.htm#3.04 (accessed Apr. 20, 2024).
