Court of Criminal Appeals of Texas

Kenneth Leroy McIntire, Jr., Appellant v. the State of Texas, Appellee

October 30, 19851985 Tex. Crim. App. LEXIS 1733

Summary

The Court affirmed the Court of Appeals' judgment that the two convictions arose from the same criminal transaction and therefore the trial court lacked authority to enter both, but reversed the appellate court's finding that the trial court did not abuse its discretion in denying a hearing on the motion for new trial, remanding for such a hearing. Justice ONION dissented, arguing that the majority improperly created a new feasibility hearing and that the trial court's denial was proper; Justice TEAGUE concurred in the result of Part I and joined the rest of the opinion.