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MyraB
MyraB, Lawyer
Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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My wife was convicted of capital murder and other things but

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My wife was convicted of capital murder and other things but was only sentenced on the capital murder not the others, tdcj doesn't show the other charges on their website. We are in the appeal process now, what are some possibilities of her not being sentenced on the other guilty charges? Thank you for your help
Submitted: 9 months ago.
Category: Criminal Law
Expert:  MyraB replied 9 months ago.
Hello and thank you for your question.

It is likely there was some disposition of the other charges. It may be that the charges were filed, so that there is no sentence associated with the conviction unless and until the state brings it forward for sentencing. They may do this if your wife's murder conviction is overturned on appeal and the issue does not impact the other charges, but generally it is filed and nothing more is done. It may also be that the sentences on the other charges are concurrent with the sentence she received on the murder conviction, which means they would run together and would not result in additional time to be served.

If the disposition doesn't show up on the website, then you may want to ask her attorney to inform you of the disposition on those other charges or request the docket from the court (available from the clerk's office) which would note the disposition on those other charges. The court would have needed to deal with those other convictions in some way.

Please feel free to ask any follow-up questions.
Customer: replied 9 months ago.

she was convicted by a jury, but the jury never sentenced her on the other convictions. Wouldn't that same jury have needed to have sentenced her

Expert:  MyraB replied 9 months ago.
Thank you for your response.

For charges other than murder a defendant can elect to have the judge or the jury determine the sentence. It may be that the jury did determine a sentence on the other charges and it would be included on the docket although it didn't make it to the website. Or, your wife could have elected to have the judge decide the sentence on the other charges. As I stated previously there would need to have been some disposition of the charges for which she was convicted and that disposition would be noted on the docket. You will need to contact her attorney or contact the court to find out how those other charges were disposed.

Let me know if you need any further information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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