Musgrove v. State

Opinion by

SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court’s denial of defendant James Musgrove’s motion for new trial. The essence of defendant’s complaint is that the trial court improperly applied the version of Texas Rule of Evidence 606(b) that was in effect when the new trial hearing was held, instead of the version of Rule 606(b) that was in effect when he filed his motion for new trial. We disagree and affirm.

PROCEDURAL HISTORY

In 1992, a jury found the defendant guilty of burglary of a habitation, and assessed punishment at forty-five years’ confinement. The…