State v. Garza

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was originally convicted on June 21, 1991 for the offense of aggravated sexual assault and sentenced to ten years confinement in the penitentiary. He filed a motion for new trial which the trial court purported to grant, a docket entry having been made to that effect. However, the trial court did not sign an order granting the motion for new trial and cause it to be entered in the record. Nevertheless, the trial court in fact conducted a new trial in September and October of 1991. Appellant was again convicted, and…