Court of Criminal Appeals of Texas

Sentences for two counts of sexual assault of a child, arising from the same incident, are affirmed where: 1) under Apprendi v. New Jersey and its progeny, a trial court's decision to cumulate his sentences did not violate his right to have the jury assess the facts that affect the maximum range of punishment; and 2) the judicial discretionary decision of whether to cumulate does not violate due process.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Dean M. Swanda, Arlington, for appellant., Cynthia W. Hellstern, Asst. County and District Attorney, Waxahachie, Matthew Paul, State's Attorney, Austin, for state.