Wheat v. State

OPINION

Appellant was convicted in a single trial of two counts of indecency with a child and one count of sexual assault. His punishment was assessed at seven and eight years on the indecency charges and fifteen years on the sexual assault charge. The Court of Appeals reversed and remanded. Wheat v. State, 160 S.W.3d 631 (Tex.App.-Waco, 2005). Appellant and the State have filed petitions for discretionary review.

On appeal, Appellant contended that the trial court erred by failing to grant his motion to sever the indecency with a child counts, to which Appellant pled guilty, from the sexual…