Court of Criminal Appeals of Texas

The State of Texas v. Billy Moore, Appellee

June 6, 20072007 Tex. Crim. App. LEXIS 696

Summary

The Texas Court of Criminal Appeals held that Rule 21.4(b) bars filing an amended motion for new trial after thirty days but that this prohibition is not jurisdictional; the trial court may consider such an amendment so long as the State does not object within the seventy‑five‑day ruling period. Accordingly, the Court reversed the Court of Appeals and remanded for further consideration of the State’s merits arguments.