Court of Criminal Appeals of Texas
Pete Zaragosa, Appellant v. the State of Texas, Appellee
May 23, 19791979 Tex. Crim. App. LEXIS 1463
Summary
The Texas Court of Criminal Appeals held that a criminal trial court may grant a new trial only on a timely motion filed by the defendant; it lacks authority to do so sua sponte. Consequently, the trial court's self‑initiated new trial was a nullity, the second conviction was set aside, and the original conviction was reinstated.