Phillips v. State

Appellant was convicted in a single trial for the aggravated assault on two individuals. V.T.C.A., Penal Code, §22.02(a)(1). Punishment was assessed at two consecutive terms of nine years in the Texas Department of Corrections.1 In a published opinion the Court of Appeals affirmed the convictions but reformed the judgment, ordering the sentences to run concurrently rather than consecutively. Phillips v.State (Tex.App.-Tyler [12th Dist.] 1988).

We granted the State's Petition for Discretionary Review to determine whether the Court of Appeals erred in holding the imposition of consecutive…