Martinez v. State

OPINION

GILBERTO HINOJOSA, Justice.

A jury found appellant guilty of theft, and the trial court assessed punishment at ten years probation. On appeal, appellant attacks the sufficiency of the evidence and contends the trial court erred when it overruled his motion for new trial without a hearing. We find the evidence sufficient to sustain the conviction but will abate the appeal with instructions that the trial court conduct a hearing on appellant’s motion for new trial.

Appellant contends in point one that he was deprived of the opportunity to present evidence on his motion for new trial. The…