Court of Criminal Appeals of Texas
Nilda Aguilar, Appellant v. the State of Texas
September 13, 20002000 Tex. Crim. App. LEXIS 77
Summary
The Court reversed the Court of Appeals and vacated the murder conviction, holding that under Article 36.09 a motion to sever is timely when made at the first opportunity after prejudicial evidence becomes apparent, not limited to a pre‑trial filing. The Court also dismissed the appellant's remaining grounds concerning the accomplice‑witness rule.