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 adjudication when a defendant is placed on deferred adjudication, requiring the defendant first to move for adjudication within thirty days. The dissenting opinions argued that the trial court should retain authority to hear such motions.