State v. Herndon

OPINION

in which PRICE, JOHNSON, KEASLER, and HOLCOMB, JJ., joined.

A jury convicted Ronald Herndon of driving while intoxicated. Herndon then filed a motion for new trial claiming, in part, that the court reporter failed to record a bench conference in which he objected to the prosecutor’s final argument. The trial judge granted Herndon’s motion for new trial. The State appealed and the court of appeals reversed. It concluded that the trial court abused its discretion in granting Herndon a new trial on the ground that the court reporter failed to record a bench conference because Hern-don had…