Werner, Dieter Heinz

OPINION

In two separate indictments, appellant was charged with stalking his former girlfriend. 1 Before trial, the judge permitted the State to consolidate the offenses and denied appellant’s motion to sever. The jury convicted appellant of both offenses, and the trial judge assessed punishment at ten years’ confinement for each offense, to run concurrently. On appeal, appellant argued that the trial judge erred by denying his motion to sever. The court of appeals agreed, holding that appellant had an absolute right to sever under Section 3.04 of the Texas Penal Code. Finding the error…