Court of Criminal Appeals of Texas

David M. Donovan, Appellant v. the State of Texas

January 30, 20022002 Tex. Crim. App. LEXIS 19

Summary

The Court of Criminal Appeals affirmed that a trial court lacks authority to consider a motion for new trial before a defendant under deferred adjudication has sought final adjudication, requiring the defendant first to move for adjudication within thirty days. Two dissenting opinions argued that the rule’s timing requirements should not bar a new‑trial motion in the absence of a sentence.