Vera v. State

OPINION

CHAPA, Chief Justice.

Appellant, Abiud Vera, was tried by a jury and convicted of aggravated possession of marijuana. Punishment was assessed at twenty-five years confinement and a $50,000 fine. The dispositive issue before this court is whether the trial court erred in refusing to hold a hearing on appellant’s motion for new trial. For the reasons stated, we abate the appeal and remand for an evidentiary hearing.

FACTS

Appellant was arrested on March 9, 1991 during an undercover operation in which police sold approximately 200 pounds of marijuana to appellant and several other…