Ex Parte McJunkins

I dissent to the majority’s determination that a defendant, in accordance with a plea agreement, can waive the statutory requirement that sentences run concurrently when imposed in a single prosecution arising from a single criminal episode.

The majority opinion overrules that portion of Ex parte Sims, 868 S.W.2d 803, 804 (Tex.Cr.App.1993) which held that the operation of V.T.C.A. Penal Code, § 3.03 creates an absolute restriction of a trial court’s general authority to impose consecutive sentences. And interestingly, the State’s untimely Motion for Rehearing, which was not filed until months…