Court of Criminal Appeals of Texas

Jose Leonel Trevino, Appellant v. the State of Texas, Appellee

May 24, 19781978 Tex. Crim. App. LEXIS 1145

Summary

The Court held that the appellant was denied his constitutional right to counsel at the critical post‑trial hearing on his motion for a new trial, thereby invalidating the sentence and notice of appeal and remanding the case for a proper hearing with counsel present. Justice Dally dissented, arguing the majority improperly created new procedural rules and should have affirmed the conviction.