Court of Criminal Appeals of Texas

David Carranza, Appellant v. the State of Texas

January 21, 19981998 Tex. Crim. App. LEXIS 7

Summary

The Court of Criminal Appeals clarified that to "present" a motion for new trial under Tex. R. App. Proc. 31(c)(1) the movant must give the trial court actual notice, such as a judge's signature, notation, or a docketed hearing date. Because appellant failed to provide such notice, his motion was overruled by operation of law and the Court of Appeals' judgment was affirmed.