Hobbs v. State

OPINION

in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined.

The trial judge convicted appellant of the aggravated assault of his former brother-in-law. We must decide if the court of appeals erred in upholding the trial court’s refusal of appellant’s requests to (1) withdraw his jury waiver and (2) have a hearing on his motion for new trial. 1 We hold that appellant was not entitled to withdraw his jury waiver, but he was entitled to a hearing on his motion for new trial because he raised matters not determinable from the record, upon which he could be…