(Download) "State Texas v. Raymond Lee Bates" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. Raymond Lee Bates
- Author : Court of Criminal Appeals of Texas
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Opinion ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW Appellee was convicted by jury of the offense of aggravated sexual
assault of a child. On July 1, 1991, the trial court assessed punishment and sentenced appellee to 20 years imprisonment.
Appellee filed a timely motion for new trial on July, 3, 1991. The trial court, on the same date entered an order entitled
"Order Granting New Trial as to Punishment Only." On February 3, 1992, appellee filed a "Motion Regarding Conduct of Trial."
Based upon appellee's motion, the trial court restored appellee's case, "to its position before the former trial, including
at the option of either party, arraignment or pretrial proceedings initiated by that party," by order dated February 4, 1992.
The State appealed the February 4th order. The Eastland Court of Appeals reversed the trial court's orders and reinstated
appellee's conviction. State of Texas v. Bates, 833 S.W.2d 643 (Tex. App. -- Eastland 1992). Appellee filed a petition for discretionary review, alleging first that the Eastland Court of Appeals erred in holding that
it had jurisdiction over the State's appeal pursuant to art. 44.01 (a) (3) of the Code of Criminal Procedure because the trial
court's February 4th order did not grant a new trial. In his second ground for review, appellee contends that the court of
appeals erred in reviewing the July 3rd order of the trial court on the grounds that the State failed to timely perfect an
appeal from such order. Finally, in his third ground for review, appellee alleges that the court of appeals erred in holding
that the phrase "as to punishment only," in the trial court's July, 3, 1991 order rendered such order a nullity which resulted
in the motion being overruled by operation of law. We granted appellee's petition for discretionary review on the above grounds.
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