Stokes v. State

OPINION

KEM THOMPSON FROST, Justice.

Challenging his conviction for theft as a third-time offender, appellant Forrest Lee Stokes asserts that the trial court (1) abused its discretion by failing to conduct a hearing on his motion for new trial and (2) wrongly deprived him of his right to testify on his own behalf at trial. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

David Gilliam, the assistant manager of one of Houston’s Home Depot stores, saw appellant walk out of the store while putting two items of merchandise — a sensor and a generator — down his pants. The items had an aggregate value…