Tex. Codes » Penal Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 3. MULTIPLE PROSECUTIONS
Texas Codes

Tex. Penal Code § 3.03 (2026)

Sentences For Offenses Arising Out Of Same Criminal Episode

✓ current as of May 2026
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Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE. (a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which the accused has been found guilty shall be pronounced. Except as otherwise provided by this section, the sentences shall run concurrently.

(b) If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:

(1) an offense:

(A) under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(2) an offense:

(A) under Section 33.021 or an offense under Section 21.02, 21.11, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(2-a) an offense:

(A) under Section 22.011 or 22.021, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(3) an offense:

(A) under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

(4) an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure;

(5) an offense:

(A) under Section 20A.02, 20A.03, or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(6) an offense:

(A) under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;

(7) an offense under Section 43.235 or an offense for which a plea agreement was reached in a case in which the accused was charged with more than one offense under Section 43.235; or

(8) any combination of offenses listed in Subdivisions (1)-(7).

(b-1) Subsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02, Family Code.

(c) If in a single criminal action the accused is found guilty of more than one offense under Section 22.02 that arises out of the same criminal episode, the sentences run consecutively if each sentence is for a conviction of an assault punishable as a felony of the first degree under Section 22.02(b)(4).

(d)(1) This subsection applies only to a single criminal action in which the accused is found guilty of:

(A) an offense under Section 20.05(a)(2) or an offense under Section 20.06 involving conduct constituting an offense under Section 20.05(a)(2); and

(B) an offense punishable under Section 22.01(b-4), 28.10, 30.02(c-2), 30.04(d)(3)(B), 30.05(d)(4), or 38.04(b-1) that arises out of the same criminal episode as the offense described by Paragraph (A).

(2) The sentence for an offense described by Subdivision (1)(A) may run consecutively with each sentence for an offense described by Subdivision (1)(B).

(3) If the accused is found guilty of more than one offense described by Subdivision (1)(A), the sentences for those offenses must run concurrently with each other.

(e) Except as otherwise provided by this subsection, if in a single criminal action the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run consecutively if each sentence is for a conviction of an offense for which a plea agreement was reached in a case in which the accused was charged with an offense described by Subsection (d)(1)(A) and an offense described by Subsection (d)(1)(B). If the accused is found guilty of more than one offense described by Subsection (d)(1)(A), the sentences for those offenses must run concurrently with each other.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 596, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 667, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 527 (H.B. 904), Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.47, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 21, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.01, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 228 (H.B. 220), Sec. 1, eff. September 1, 2013.

Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 1.01, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 249 (H.B. 1403), Sec. 1, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 467 (H.B. 165), Sec. 2, eff. September 1, 2023.

Acts 2023, 88th Leg., 3rd C.S., Ch. 2 (S.B. 4), Sec. 1, eff. February 6, 2024.

Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 12, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 756 (S.B. 20), Sec. 2, eff. September 1, 2025.

Notes of Decisions
Cited in 609 cases (89 in the last 5 years), 1982–2026 · leading case: Hendrix v. State, 150 S.W.3d 839 (Tex. App.—Houston [14th Dist.] 2004).
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Hendrix v. State, 150 S.W.3d 839 (Tex. App.—Houston [14th Dist.] 2004). · cites it 10× “As a general rule, when a defendant is convicted of multiple offenses that have been properly joined and prosecuted in a single trial, such sentences must run concurrently.”
State v. Crook, 248 S.W.3d 172 (Tex. Crim. App. 2008). · cites it 10× “, Tex. Pen.Code Ann. § 3.03, Note 8 at 79 (Vernon 1994) (emphasis added); Tex.”
Barrow v. State, 207 S.W.3d 377 (Tex. Crim. App. 2006). · cites it 6× “In an unpublished opinion, the court of appeals explained that Texas Penal Code Section 3.03 provides that when an accused is found guilty of more than one offense arising from the same criminal incident, and the offenses are violations of Section 22.”
Nicholas v. State, 56 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2001). · cites it 4× “Tex. Pen.Code Ann. § 3.03 (Vernon 1994). In 1997, however, the Legislature amended section 3.”
Tha Dang Nguyen v. State, 359 S.W.3d 636 (Tex. Crim. App. 2012). · cites it 8× “The court of appeals erred in concluding that sentence cumulation under Tex. Penal Code Ann. § 3.03 (b)(2)(B) requires the cu- *638 mulation to be part of the plea-bargain agreement because the language of § 3.”
Dale v. State, 170 S.W.3d 797 (Tex. App.—Fort Worth 2005). · cites it 5× “); see Tex. Penal Code Ann. § 3.03 (a). There are, however, statutory exceptions to this rule that allow courts to impose consecutive sentences in certain circumstances or for certain offenses.”
Williams v. State, 253 S.W.3d 673 (Tex. Crim. App. 2008). · cites it 5× “Prior to trial, the court granted the State's motion to consolidate the three causes for one trial under Texas Penal Code § 3.03. After a jury trial, Appellant was convicted of all three offenses and sentenced by the trial judge.”
Beedy v. State, 250 S.W.3d 107 (Tex. Crim. App. 2008). · cites it 4× “08; Tex. Penal Code Ann. § 3.03 ; Barrow v. State, 207 S.”
Ex parte Carter, 521 S.W.3d 344 (Tex. Crim. App. 2017). · cites it 4× “When a defendant is found guilty of more than one offense arising out of the same criminal episode and those offenses are prosecuted in a single criminal action, Texas Penal Code § 3.03(a) states, in relevant part, that “the sentences shall run concurrently.”
Miles, Kojuan J., 506 S.W.3d 485 (Tex. Crim. App. 2016). · cites it 5× “Analysis As did the court of appeals, we look at the literal text of the cumulation statute, Texas Penal Code § 3.03, which provides that, when the accused is found guilty of more than one offense arising out of the same criminal episode and prosecuted in a single criminal…”
Mallett v. State, 65 S.W.3d 59 (Tex. Crim. App. 2001). · cites it 2× “[30] Tex. Penal Code Ann. § 3.02 (Vernon 1997).”
Cox, Gilmore Franklin, 482 S.W.3d 112 (Tex. Crim. App. 2016). · cites it 2× “We determined that the provisions of Texas Penal Code § 3.03 (defendant’s right to mandatory concurrent sentences for offenses consolidated under Texas Penal Code § 3.”
Show all 609 citing cases →
Tex. Penal Code § 3.03(a): 129 cases
Ex parte Carter, 521 S.W.3d 344 (Tex. Crim. App. 2017). “When a defendant is found guilty of more than one offense arising out of the same criminal episode and those offenses are prosecuted in a single criminal action, Texas Penal Code § 3.03(a) states, in relevant part, that “the sentences shall run concurrently.”
State v. Crook, 248 S.W.3d 172 (Tex. Crim. App. 2008). “, Tex. Pen.Code Ann. § 3.03, Note 8 at 79 (Vernon 1994) (emphasis added); Tex.”
Nicholas v. State, 56 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2001). “Tex. Pen.Code Ann. § 3.03 (Vernon 1994). In 1997, however, the Legislature amended section 3.”
Nixon, Reginald, 483 S.W.3d 562 (Tex. Crim. App. 2016).
Morris v. State, 301 S.W.3d 281 (Tex. Crim. App. 2009).
Tex. Penal Code § 3.03(a)(2): 1 case
James Edward Insco, II v. the State of Texas, No. 03-20-00178-CR (Tex. App.—Austin Aug. 31, 2021).
Tex. Penal Code § 3.03(b): 34 cases
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
Bonilla, Ronald Antonio, 452 S.W.3d 811 (Tex. Crim. App. 2014).
Salazar v. State, 127 S.W.3d 355 (Tex. App.—Houston [14th Dist.] 2004).
Miles, Kojuan J., 506 S.W.3d 485 (Tex. Crim. App. 2016). “Analysis As did the court of appeals, we look at the literal text of the cumulation statute, Texas Penal Code § 3.03, which provides that, when the accused is found guilty of more than one offense arising out of the same criminal episode and prosecuted in a single criminal…”
Tha Dang Nguyen v. State, 359 S.W.3d 636 (Tex. Crim. App. 2012). “The court of appeals erred in concluding that sentence cumulation under Tex. Penal Code Ann. § 3.03 (b)(2)(B) requires the cu- *638 mulation to be part of the plea-bargain agreement because the language of § 3.”
Tex. Penal Code § 3.03(b)(1): 6 cases
Tha Dang Nguyen v. State, 359 S.W.3d 636 (Tex. Crim. App. 2012). “The court of appeals erred in concluding that sentence cumulation under Tex. Penal Code Ann. § 3.03 (b)(2)(B) requires the cu- *638 mulation to be part of the plea-bargain agreement because the language of § 3.”
Ponce v. State, 89 S.W.3d 110 (Tex. App.—Corpus Christi 2002).
Sosa v. State, 230 S.W.3d 192 (Tex. App.—Houston [14th Dist.] 2005).
Kenneth Dewayne Nelson v. State, No. 06-18-00133-CR (Tex. App.—Texarkana June 17, 2019).
Jimmy Tenola Micheaux, Sr. v. State, No. 06-13-00017-CR (Tex. App.—Texarkana July 3, 2013).
Tex. Penal Code § 3.03(b)(1)(A): 6 cases
Rosenbusch, Taylor Rae, No. PD-1466-15 (Tex. App. Dec. 15, 2015).
Taylor Rae Rosenbusch v. State, No. 04-14-00050-CR (Tex. App.—San Antonio Feb. 10, 2015).
Joe Michael Perez v. State, No. 04-01-00552-CR (Tex. App.—San Antonio Jan. 29, 2003).
Harold David Sharp, Jr. v. State, No. 11-11-00186-CR (Tex. App.—Eastland June 13, 2013).
Willie Kelton Taylor v. State, No. 06-10-00147-CR (Tex. App.—Texarkana Dec. 7, 2010).
Tex. Penal Code § 3.03(b)(2): 24 cases
Nicholas v. State, 56 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2001). “Tex. Pen.Code Ann. § 3.03 (Vernon 1994). In 1997, however, the Legislature amended section 3.”
Clemons v. State, 220 S.W.3d 176 (Tex. App.—Eastland 2007).
Miles, Kojuan J., 506 S.W.3d 485 (Tex. Crim. App. 2016). “Analysis As did the court of appeals, we look at the literal text of the cumulation statute, Texas Penal Code § 3.03, which provides that, when the accused is found guilty of more than one offense arising out of the same criminal episode and prosecuted in a single criminal…”
Moore, Jammie Lee, 371 S.W.3d 221 (Tex. Crim. App. 2012).
Tovar v. State, 165 S.W.3d 785 (Tex. App.—San Antonio 2005).
Tex. Penal Code § 3.03(b)(2)(A): 51 cases
Parfait v. State, 120 S.W.3d 348 (Tex. Crim. App. 2003).
Hendrix v. State, 150 S.W.3d 839 (Tex. App.—Houston [14th Dist.] 2004). “As a general rule, when a defendant is convicted of multiple offenses that have been properly joined and prosecuted in a single trial, such sentences must run concurrently.”
Scott, Orian Lee, 541 S.W.3d 104 (Tex. Crim. App. 2017).
Williamson v. State, 175 S.W.3d 522 (Tex. App.—Texarkana 2005).
Malone v. State, 163 S.W.3d 785 (Tex. App.—Texarkana 2005).
Tex. Penal Code § 3.03(b)(2)(B): 4 cases
Tha Dang Nguyen v. State, 359 S.W.3d 636 (Tex. Crim. App. 2012). “The court of appeals erred in concluding that sentence cumulation under Tex. Penal Code Ann. § 3.03 (b)(2)(B) requires the cu- *638 mulation to be part of the plea-bargain agreement because the language of § 3.”
Rodriguez, Israel Ytuarte, 470 S.W.3d 823 (Tex. Crim. App. 2015).
Ex Parte Kelly James McCarty v. the State of Texas, No. 03-22-00381-CR (Tex. App.—Austin Oct. 13, 2023).
Nguyen, Tha Dang, No. PD-0260-11 (Tex. Crim. App. Feb. 8, 2012).
Tex. Penal Code § 3.03(b)(2)(a): 1 case
Millslagle v. State, 150 S.W.3d 781 (Tex. App.—Austin 2005).
Tex. Penal Code § 3.03(b)(3): 5 cases
Damon Chad Campbell v. the State of Texas, No. 11-19-00230-CR (Tex. App.—Eastland May 20, 2021).
William Harold Masterson v. the State of Texas, 706 S.W.3d 468 (Tex. App.—Austin 2024).
Michael Timothy McGoldrick v. State, No. 03-07-00132-CR (Tex. App.—Austin Aug. 29, 2007).
Karl Patrick Houlditch v. State, No. 06-14-00207-CR (Tex. App.—Texarkana Oct. 30, 2015).
Ex Parte James Reid Bentley, No. 10-15-00301-CR (Tex. App.—Waco Dec. 31, 2015).
Tex. Penal Code § 3.03(b)(3)(A): 9 cases
Lancaster v. State, 319 S.W.3d 168 (Tex. App.—Waco 2010).
William Cody Thompson v. State, No. 14-15-00174-CR (Tex. App.—Houston [14th Dist.] Aug. 7, 2015).
William Cody Thompson v. State, No. 14-15-00175-CR (Tex. App.—Houston [14th Dist.] Aug. 7, 2015).
Brian Lancaster v. State, No. 10-08-00027-CR (Tex. App.—Waco May 26, 2010).
Randall Lee Baker v. State, No. 07-18-00366-CR (Tex. App.—Amarillo May 16, 2019).
Tex. Penal Code § 3.03(b)(4): 1 case
Alexander Frances v. State, No. 05-14-00711-CR (Tex. App.—Dallas Apr. 22, 2015).
Tex. Penal Code § 3.03(b)(5): 1 case
Miles, Kojuan J., 506 S.W.3d 485 (Tex. Crim. App. 2016). “Analysis As did the court of appeals, we look at the literal text of the cumulation statute, Texas Penal Code § 3.03, which provides that, when the accused is found guilty of more than one offense arising out of the same criminal episode and prosecuted in a single criminal…”
Tex. Penal Code § 3.03(b)(5)(A): 3 cases
Kenneth Dewayne Nelson v. State, No. 06-18-00133-CR (Tex. App.—Texarkana June 17, 2019).
Clyde Alexis Vanterpool v. the State of Texas, No. 13-20-00039-CR (Tex. App.—Corpus Christi–Edinburg Aug. 5, 2021).
Jon Eric Gilliland v. the State of Texas, No. 04-22-00746-CR (Tex. App.—San Antonio Nov. 8, 2023).
Tex. Penal Code § 3.03(b)(6): 2 cases
Miles, Kojuan J., No. PD-0848-15 (Tex. App. July 31, 2015).
Miles, Kojuan J., No. PD-0848-15 (Tex. App. Aug. 17, 2015).
Tex. Penal Code § 3.03(b)(7): 1 case
Jon Eric Gilliland v. the State of Texas, No. 04-22-00746-CR (Tex. App.—San Antonio Nov. 8, 2023).
Tex. Penal Code § 3.03(b)(l)(A): 1 case
Tellez, Hector, No. PD-1342-15 (Tex. App. Dec. 18, 2015).
Tex. Penal Code § 3.03(c): 3 cases
Beedy v. State, 250 S.W.3d 107 (Tex. Crim. App. 2008). “08; Tex. Penal Code Ann. § 3.03 ; Barrow v. State, 207 S.”
Beedy, Arnold Ray, No. PD-1225-06 (Tex. Crim. App. Apr. 2, 2008).
Beedy, Arnold Ray, No. PD-1224-06 (Tex. Crim. App. Apr. 2, 2008).
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