Thornton v. State

OPINION

Section 3.04(a) of the Penal Code provides that a defendant shall have a right of severance when two or more offenses have been consolidated or joined for trial under V.T.C.A. Penal Code § 3.02. 1 The issue presented in this case is when must a motion to sever be filed to be timely under § 3.04(a). 2

I

Appellant was charged in a single two-count indictment with aggravated sexual assault and indecency with a child. The indictment alleged that both offenses were committed against the same victim on or about June 16,1994. 3 Appellant elected to be tried before a jury. After the jury was…