Burns v. State

POFF, Justice.

Appellant Dale Thomas Bums was convicted by a jury of the offense of delivery of a controlled substance, to-wit: cocaine in an amount less than 28 grams. The court assessed punishment at 60 years confinement in the Institutional Division of the Texas Department of Criminal Justice.

In two points of error, appellant contends the trial court erred in (1) allowing his motion for new trial to be overruled by operation of law without a hearing; and (2) not granting his motion for new trial. We will overrule both points of error and affirm the judgment of the trial court.

Appellant…