Turner v. State

In Turner v. State, 733 S.W.2d 218 (Tex. Crim. App. 1987), the defendant was convicted of aggravated sexual assault. Prior to formal sentencing the trial court conducted a hearing on the State's motion for "consecutive sentencing" pursuant to art. 42.08. See Turner, 733 S.W.2d at 219. The trial court granted the motion despite the fact that the record contained no evidence of the prior conviction or any evidence linking the defendant to the prior conviction. See id. After outlining the history of art. 42.08 and noting case law dating back to 1899 that required some evidence linking the defendant to the prior conviction, we reversed the trial court. See Turner, 733 S.W.2d at 219-23. Since there was no evidence of the prior conviction or evidence linking the defendant with the prior conviction, the cumulation order was invalid. See Turner, 733 S.W.2d at 223.