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Texas Code of Criminal Procedure - Article 42.08. Cumulative Or Concurrent Sentence
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 42.08. Cumulative Or Concurrent Sentence
Art. 42.08. [774] [840] [862] CUMULATIVE OR CONCURRENT
SENTENCE. (a) When the same defendant has been convicted in two or
more cases, judgment and sentence shall be pronounced in each case
in the same manner as if there had been but one conviction. Except
as provided by Sections (b) and (c) of this article, in the
discretion of the court, the judgment in the second and subsequent
convictions may either be that the sentence imposed or suspended
shall begin when the judgment and the sentence imposed or suspended
in the preceding conviction has ceased to operate, or that the
sentence imposed or suspended shall run concurrently with the other
case or cases, and sentence and execution shall be accordingly;
provided, however, that the cumulative total of suspended sentences
in felony cases shall not exceed 10 years, and the cumulative total
of suspended sentences in misdemeanor cases shall not exceed the
maximum period of confinement in jail applicable to the misdemeanor
offenses, though in no event more than three years, including
extensions of periods of community supervision under Section 22,
Article 42.12, of this code, if none of the offenses are offenses
under Chapter 49, Penal Code, or four years, including extensions,
if any of the offenses are offenses under Chapter 49, Penal Code.
(b) If a defendant is sentenced for an offense committed
while the defendant was an inmate in the institutional division of
the Texas Department of Criminal Justice and the defendant has not
completed the sentence he was serving at the time of the offense,
the judge shall order the sentence for the subsequent offense to
commence immediately on completion of the sentence for the original
offense.
(c) If a defendant has been convicted in two or more cases
and the court suspends the imposition of the sentence in one of the
cases, the court may not order a sentence of confinement to commence
on the completion of a suspended sentence for an offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1985, 69th Leg., ch. 29, Sec. 1, eff. Sept. 1, 1985;
Acts 1987, 70th Leg., ch. 513, Sec. 1, eff. Aug. 31, 1987; Subsec.
(a) amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.11, eff. Sept.
1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff.
Sept. 1, 1993.
Article: 42.036 42.037 42.0371 42.038 42.04 42.05 42.07 42.08 42.09 42.10 42.11 42.111 42.12 42.122. The adult probation officer of the 222nd
Judicial District receives a salary of not less than $15,000 per
annum. Also, the probation officer receives allowances, not to
exceed the amount allowed by the federal government for traveling
the most practical route to and from the place where the duties are
discharged, for his necessary travel and hotel expenses. Upon the
sworn statement of the officer, approved by the judge, the
respective counties of the judicial district pay the expenses
incurred for their regular or special term of court out of the
general county fund. In lieu of travel allowances the
commissioners court of each county, by agreement, may provide
transportation under the same terms and conditions as provided for
sheriffs.
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept 42.14
Last modified: August 11, 2007
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