Green v. State

OPINION

HOLLIS HORTON, Justice.

This appeal 1 presents two questions: (1) whether Darrell Eugene Green’s pleas were voluntary, and (2) whether the trial court erred in stacking Green’s sentences. We overrule Green’s first issue, but agree that the Penal Code prohibits the stacking of sentences where similar offenses are prosecuted in the same criminal action. See Tex. Pen.Code Ann. § 3.03 (Vernon Supp.2007). Because Green’s offenses were similar, and prosecuted in the same criminal action, we conclude that the trial court erred in stacking his sentences. As a result, we reform the judgment to…