(a) Whenever two or more offenses have been consolidated or joined for trial under
Section 3.02, the defendant shall have a right to a severance of the offenses.
(b) In the event of severance under this section, the provisions of Section 3.03 do not apply, and the court in its discretion may order the sentences to run either
concurrently or consecutively.
(c) The right to severance under this section does not apply to a prosecution for
offenses described by Section 3.03(b) unless the court determines that the defendant or the state would be unfairly prejudiced
by a joinder of offenses, in which event the judge may order the offenses to be tried
separately or may order other relief as justice requires.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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