State v. Bates

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellee was convicted by jury of the offense of aggravated sexual assault of a child. On July 1, 1991, the trial court assessed punishment and sentenced appellee to 20 years imprisonment. Appellee filed a timely motion for new trial on July, 3, 1991. The trial court, on the same date entered an order entitled “Order Granting New Trial as to Punishment Only.” On February 3, 1992, appellee filed a “Motion Regarding Conduct of Trial.” Based upon appellee’s motion, the trial court restored appellee’s case, “to its position…