McIntire v. State

To the original majority opinion I dissented without written opinion. My dissent was based on returning the cause to the trial court for a hearing on the motion for new trial more than three years after the fact. It was not my intention to dissent to the holding that the offenses of aggravated sexual abuse of a child and of indecency with a child arose in the same transaction, and that the trial court was without authority to authorize a conviction on both counts one and three of the indictment. The Court of Appeals was correct in reforming the judgment as it did. I concur in that part of the…