Marcus Ray Haynes v. The State of Texas

Summary

The Ninth Court of Appeals of Texas considered whether the trial court abused its discretion by ordering consecutive sentences for continuous sexual abuse of a child, aggravated sexual assault of a child, and possession of a controlled substance. The court held that the statutory exceptions permitting consecutive sentences applied and affirmed the trial court’s judgment.

Holdings

1. Texas Penal Code section 3.03 did not apply to the drug-possession offense because that offense was not part of the same criminal episode as the continuous-sexual-abuse offense; therefore, the trial court was authorized under article 42.08 to cumulate the sentences involving the drug offense.
2. The trial court did not abuse its discretion by cumulating the twenty-year sentence for aggravated sexual assault of a child with the forty-year sentence for continuous sexual abuse of a young child because section 3.03 provides statutory exceptions permitting consecutive sentences for those offenses.

Questions Presented

1. Whether Texas Penal Code section 3.03 required the sentences for continuous sexual abuse of a child and aggravated sexual assault of a child to run concurrently.
2. Whether the trial court had authority under Texas Penal Code section 3.03 and Texas Code of Criminal Procedure article 42.08 to cumulate the sentences for the sexual offenses and the drug-possession offense.

Disposition

affirmed