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THORNTON v. STATE

No. 087-98

986 S.W.2d 615 (1999)

Jack Eugene THORNTON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

January 27, 1999.

Attorney(s) appearing for the Case

Ken Mahffey, Austin, for appellant.

Barry S. Green, Dist. Atty., Decatir, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

PER CURIAM.

Section 3.04(a) of the Penal Code provides that a defendant shall have a right of severance when two or more offenses have been consolidated or joined for trial under V.T.C.A. Penal Code § 3.02.1 The issue presented in this case is when must a motion to sever be filed to be timely under § 3.04(a).2

I.

Appellant was charged in a single two-count...

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