Miles, Kojuan J.
PD-0848-15
| Tex. App. | Jul 31, 2015Background
- Miles was convicted in Harris County of sexual assault of a child and compelling prostitution; the jury sentenced 7 years and 23 years respectively, with the judge ordering consecutive execution of sentences; the Court of Appeals deleted the cumulation order; the State sought discretionary review on the scope of section 3.03(b) stacking; the Court holds the statute’s text and structure do not permit cross-paragraph stacking in this case, so the cumulation order was improper.
- Miles argues stacking only within the same paragraph; the State argues all subsection (b) offenses may be stacked; the trial court’s cumulation relies on the State’s broad interpretation; the analysis surveys the statute’s evolution and extratextual factors; the holding reformats the judgment by deleting the cumulation order.
- The decision centers on whether section 3.03(b) allows cumulation of sentences for offenses listed in different paragraphs; the Court sustains Miles’s challenge to the cumulation and remands to delete the cumulation order; the judgment for the sexual assault conviction remains intact.
- The petition requests that the Court grant discretionary review and reverse the Court of Appeals’ deletion of the cumulation order, reinstating the cumulation if authorized, or clarify the scope of 3.03(b).
- The panel discusses statutory construction, extratextual factors, and legislative history to interpret whether “or” in 3.03(b) permits cross-paragraph stacking; ultimately, it reasons that the plain language and structure do not support cross-paragraph stacking in this context, and thus the cumulation was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 3.03(b) allows stacking across different paragraphs | Miles: only same-paragraph stacking permitted | State: all offenses in subsection (b) may be stacked | Cumulation not permitted; order deleted |
Key Cases Cited
- Butcher v. State, 454 S.W.3d 13 (Tex. Crim. App. 2015) (statutory interpretation and extratextual considerations in the 3.03 context)
- Chase v. State, 448 S.W.3d 6 (Tex. Crim. App. 2014) (use of extratextual factors in statutory interpretation)
- Jourdan v. State, 428 S.W.3d 86 (Tex. Crim. App. 2014) (sex-offense stacking considerations)
- Nguyen v. State, 359 S.W.3d 636 (Tex. Crim. App. 2012) (legislative history as extratextual aid in 3.03(b))
- Parfait v. State, 120 S.W.3d 348 (Tex. Crim. App. 2003) (legislative purpose and protecting the innocent)