Tex. Codes » Penal Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 3. MULTIPLE PROSECUTIONS
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Tex. Penal Code § 3.01 (2026)

Definition

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Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:

(1) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan; or

(2) the offenses are the repeated commission of the same or similar offenses.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 282 cases (31 in the last 5 years), 1976–2026 · leading case: Cobb v. State, 85 S.W.3d 258 (Tex. Crim. App. 2002).
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Cobb v. State, 85 S.W.3d 258 (Tex. Crim. App. 2002). · cites it 3× “He relies heavily on Texas Penal Code section 3.01 definition of the same “criminal episode.”
State v. T.S.N., 547 S.W.3d 617 (Tex. 2018). · cites it 2× “TEX. PENAL CODE § 3.01. Statutes are to be analyzed "as a cohesive, contextual whole" with the goal of effectuating the Legislature's intent and employing the presumption that the Legislature intended a just and reasonable result.”
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008). · cites it 2× “In pronouncing sentence, however, the trial court declared, "My understanding would be with regards to the verdicts in counts one, two, and three in this cause those would run concurrently.”
Dale v. State, 170 S.W.3d 797 (Tex. App.—Fort Worth 2005). · cites it 2× “See Tex. Penal Code Ann. § 3.01 . Id. We agree with the court’s analysis in Salazar .”
Stephan Andrew Cox v. State, 497 S.W.3d 42 (Tex. App.—Fort Worth 2016). · cites it 4× “Tex. Penal Code Ann. § 3.01 (West 2011). The first sexual assault occurred somewhere in Texas during the bus trip to Mexico.”
Tommy Lane Waddell v. State, 456 S.W.3d 366 (Tex. App.—Corpus Christi 2015). · cites it 5× “See Tex. Penal Code Ann. § 3.01 (West, Westlaw through 2013 3d C.”
Wilson v. State, 448 S.W.3d 418 (Tex. Crim. App. 2014). · cites it 2× “See Tex. Penal Code § 3.01 (West 2012) ("In this chapter, 'criminal episode’ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) the…”
Hendrix v. State, 150 S.W.3d 839 (Tex. App.—Houston [14th Dist.] 2004). · cites it 2× “TEX. PEN.CODE ANN. § 3.01 (Vernon 2003).”
United States v. Carlos Garcia, 962 F.2d 479 (5th Cir. 1992). · cites it 3× “” Tex.Penal Code § 3.01 (emphasis added). 10 If the defendant fails to object to the written motion to consolidate, consent is implied.”
Trevino v. State, 228 S.W.3d 729 (Tex. App.—Corpus Christi 2006). · cites it 2× “TEX. PEN.CODE ANN. § 3.01 (Vernon 2003). A single "criminal episode," as defined in Penal Code section 3.”
Casey v. State, 349 S.W.3d 825 (Tex. App.—El Paso 2011). · cites it 2× “Texas Penal Code section 3.01 provides in relevant part that “ ‘criminal episode’ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person .”
Romine v. State, 722 S.W.2d 494 (Tex. App.—Houston [14th Dist.] 1986). · cites it 4× “" Tex.Penal Code Ann. § 3.01 (Vernon 1974).”
Show all 282 citing cases →
Tex. Penal Code § 3.01(1): 18 cases
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008). “In pronouncing sentence, however, the trial court declared, "My understanding would be with regards to the verdicts in counts one, two, and three in this cause those would run concurrently.”
Cobb v. State, 85 S.W.3d 258 (Tex. Crim. App. 2002). “He relies heavily on Texas Penal Code section 3.01 definition of the same “criminal episode.”
Wilson v. State, 448 S.W.3d 418 (Tex. Crim. App. 2014). “See Tex. Penal Code § 3.01 (West 2012) ("In this chapter, 'criminal episode’ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) the…”
Werner, Dieter Heinz, 412 S.W.3d 542 (Tex. Crim. App. 2013).
Moffatt v. State, 930 S.W.2d 823 (Tex. App.—Corpus Christi 1996).
Tex. Penal Code § 3.01(2): 20 cases
Lane v. State, 174 S.W.3d 376 (Tex. App.—Houston [14th Dist.] 2005).
Green v. State, 242 S.W.3d 215 (Tex. App.—Beaumont 2007).
Crider v. State, 848 S.W.2d 308 (Tex. App.—Fort Worth 1993).
Rollins v. State, 994 S.W.2d 429 (Tex. App.—Beaumont 1999).
In re Expunction, No. 01-18-00938-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2020).
Tex. Penal Code § 3.01(a): 1 case
In re William Sedric Autrey v. the State of Texas, No. 05-23-00068-CV (Tex. App.—Dallas May 25, 2023).
Tex. Penal Code § 3.01(b): 1 case
Buford Lloyd Crowell v. State of Texas, 642 S.W.3d 885 (Tex. App.—Houston [14th Dist.] 2021).
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