Bobby Glenn Barrow, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the Court of Appeals, holding that the trial judge’s discretion to order consecutive sentences does not violate the Sixth Amendment right to a jury trial nor the Fourteenth Amendment due process guarantee. The dissent argued that the statute does not grant the judge that discretion and that the jury should decide cumulation when the defendant elects jury‑determined punishment.