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LawHelpNow
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Can an inmate be forced to serve 2 sentences with the same

Customer Question

Can an inmate be forced to serve 2 sentences with the same case number XXXXX to back or can they run with each other?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


Once convicted, a court may order that numerous sentences run concurrently (at the same time) or consecutively (one begins after the other is completed). This is true even if the sentences result from the same case, provided they are for different charges.


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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
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Customer: replied 4 years ago.
Both crimes are tied to the same incident. As well as the secondary is caused by the result of the first. The state is charging her with 2 counts on the same crime. Being that your in FL,and the offence as well as conviction happened in Tx, the laws are a bit different.
Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


That doesn't change the concepts of concurrent and consecutive sentencing, both of which are used commonly throughout the states, but I'll opt out. The only problem arises if a person is charged twice for the same exact crime. However, two crimes arising out of the same incident can be charged and sentences can run concurrently or consecutively.


If you need additional clarification, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

Please click the green
Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.

When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Expert:  LawHelpNow replied 4 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed Texas attorney with criminal law experience. I will be glad to try and assist you seeing another legal expert has chosen to opt out.

 

To provide you with accurate information, could you please clarify this point:

 

  1. Could you provide any further details concerning the two counts? I am a bit confused as your initial post mentioned serving two sentences with the same case number, but later you referenced "both crimes". Any additional information you could provide would be helpful, especially the names of the two offenses in question and the actual sentence(s) imposed.

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 4 years ago.
Sorry about the confusion. There are 2 crimes, one being INTOXICATION ASLT and INTOXICATION MANSLAUGHTER which both were on the same person as well as the same day. They both have the same case number XXXXX everything. The aslt. resulted in death and they are convicting her on both charges. I can understand the manslaughter charge, but not the aslt. As well as them giving her 10 years for the aslt.
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed Texas attorney with criminal law experience. I will be glad to try and answer your questions seeing another legal expert has chosen to opt out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for writing back and supplying the additional information as requested, which was helpful to my analysis of your inquiry. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. The answer lies in Texas Code of Criminal Procedure Article 42.08, which (within certain parameters) leaves the matter of concurrent versus consecutive sentencing in the discretion of the Court in situations such as you have related here. I have provided the actual text of that provision (below) for your reference. Another issue raised by these circumstances is that of the doctrine of "lesser included offenses", which are addressed by Texas Code of Criminal Procedure Articles 37.08, 37.09 and 37.14 (also listed below).
  3. As a practical matter, these considerations generally come into play while seeking a new trial or to have the sentence set aside or modified. In other words, usually these are areas where appellate counsel will carefully review the record from the trial to sees if it discloses reversible error. The botXXXXX XXXXXne is that the defendant can be convicted on both charges and can be sentenced to serve out her confinement either consecutively or concurrently. Contesting the underlying convictions and/or the sentence(s) imposed will require the timely filing of an appeal.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

 

 

Art. 42.08. 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.

 

Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE. In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.

 

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

 

Art. 37.09. LESSER INCLUDED OFFENSE. An offense is a lesser included offense if:

(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;

(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or

(4) it consists of an attempt to commit the offense charged or an otherwise included offense.

 

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

 

Art. 37.14. ACQUITTAL OF HIGHER OFFENSE AS JEOPARDY. If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense; but he may, upon a second trial, be convicted of the same offense of which he was before convicted, or any other inferior thereto.

 

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

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