Satillan v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for possession of heroin where the punishment was assessed at life.

Appellant initially complains the court erred in severing the trial of the co-indictee Duarte.

Article 36.09, Vernon’s Ann.C.C.P., provides that “[t]wo or more defendants who are jointly or separately indicted or complained against for the same offense or an offense growing out of the same transaction may be, in the discretion of the court, tried jointly or separately as to one or more defendants * * *.”

The severance here complained of was granted after…