Court of Criminal Appeals of Texas

Robert Lee Dugard v. the State of Texas, Appellee

April 17, 19851985 Tex. Crim. App. LEXIS 1137

Summary

The Court reversed the Court of Appeals and remanded for further consideration, holding that the trial court properly denied the defendant's motion for a new trial because the motion was untimely, unverified, and lacked a supporting affidavit, and that the appellate court erred in abating the appeal and ordering a hearing. The Court also affirmed that Munroe has been overruled by Sneed and that the statutory requirements of Article 40.05 govern motions for new trial. Justice Clinton dissented, arguing the Court lacked jurisdiction to review the interlocutory abatement order, while Justice Teague concurred, agreeing with the result but urging reconsideration of Sneed.