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

Summary

The Court held that appellant was denied his constitutional right to counsel at the critical hearing on his motion for a new trial, and therefore set aside the sentence and notice of appeal and remanded for a proper hearing with counsel present. The Court emphasized that the right to counsel applies at every critical stage of criminal proceedings, including post‑trial motions. The dissent argued that the majority was improperly creating new procedural rules and that the motion had been abandoned. Justice Dally, dissenting, would have held the motion for new trial abandoned and the appeal decided on the existing record.