Werner v. Texas (Original)
Annotate this CaseIn two separate indictments, appellant was charged with stalking his former girlfriend. Before trial, the judge permitted the State to consolidate the offenses and denied appellant's motion to sever. The jury convicted appellant of both offenses, and the trial judge sentenced appellant to ten years' confinement for each offense, to run concurrently. On appeal, appellant argued that the trial judge erred by denying his motion to sever. The court of appeals agreed, holding that appellant had an absolute right to sever under Section 3.04 of the Texas Penal Code. Finding the error harmful, the court of appeals reversed appellant's conviction and ordered a new trial. The Supreme Court concluded that the error was harmless because the State was entitled to offer evidence of appellant's prior acts of harassment relevant to the first stalking offense to prove the elements of the second stalking offense.
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