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eBook details

• Title: Roosevelt Owens v. State Texas
• Author : Tenth District, Waco Court of Appeals of Texas
• Release Date : January 21, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Appellant appeals a conviction for possession of a controlled substance; to wit: cocaine under twenty-eight grams. The trial court assessed punishment at ten years in the Texas Department of Corrections, probated for three years. On the States motion, the trial court revoked appellants probation and sentenced him to ten years in the Texas Department of Corrections. Appellant timely filed a motion for new trial. The trial court denied the motion. In his fifth point of error, appellant contends that the trial court erred in denying his motion for new trial without a hearing. We agree. Accordingly, the judgment revoking probation, the sentence and the notice of appeal are set aside and the cause is remanded to the trial court for a hearing on the motion for new trial and for the orderly conduct of subsequent post-trial proceedings. See Trevino v. State, 565 S.W.2d 938, 941-42 (Tex. Crim. App. 1978).

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