Johnjock v. State

Johnjock correctly contends that he was entitled to two separate assessments of punishment. The unequivocal language of Tex.Code Crim.Proc.Ann. art. 37.07, § 2(c) (Vernon 1981) entitles him to have punishment assessed on each count: “Punishment shall be assessed on each count on which a finding of guilty has been returned.”

The jury was asked to make only one assessment of punishment on a form bearing the numbers of both cases. Tex.Penal Code Ann. § 3.03 (Vernon 1974) requires that when cases have been consolidated for trial the sentences shall run concurrently. Since only one assessment of…