Turner v. State

CORNELIUS, Chief Justice.

Jerry Turner was convicted of aggravated robbery and assessed punishment, enhanced by prior convictions, at life imprisonment.

The indictment charged Turner with aggravated robbery and aggravated kidnapping. The State elected to proceed to trial on the aggravated robbery charge. Turner contends his motion for severance should have been granted since he had a mandatory right to a severance pursuant to Tex.Penal Code Ann. § 3.04 (Vernon 1974).

When two or more offenses charged by separate counts in one indictment did not arise out of the same criminal episode,1 but did…