Sanne v. State

In Sanne v. State, 609 S.W.2d 762 (Tex.Crim.App. 1980), the defendant complained of the trial court's failure to grant his motion for severance at the end of the guilt stage and before evidence on the punishment phase was heard. This contention is without merit for two reasons. First, the motion was not timely urged. Second, the Court had already reached a result favorable to appellant with respect to his double jeopardy claim addressed to punishment. This ground for review, therefore, need not be considered. Sanne, 609 S.W.2d at 775. The Court noted that, in Sanne, the motion to sever was made at the end of the guilt stage and the underlying facts for the court of appeals' ruling are not readily apparent.