Owens v. State

WHITHAM, Justice.

Appellant appeals a conviction for possession of a controlled substance; to wit: cocaine under twenty-eight grams. The trial court assessed punishment at ten years in the Texas Department of Corrections, probated for three years. On the State’s motion, the trial court revoked appellant’s probation and sentenced him to ten years in the Texas Department of Corrections. Appellant timely filed a motion for new trial. The trial court denied the motion. In his fifth point of error, appellant contends that the trial court erred in denying his motion for new trial without a hearing.…