Mendoza v. State

OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, five years.

The sole question presented by briefs filed in the trial court was the exercise of discretion by the trial court in refusing to hear evidence on appellant’s motion for new trial. Appellant was represented by the same counsel of his own choosing both in the trial and on appeal. Trial before a jury concluded on April 1, 1966, when appellant elected to have the court assess his punishment, but appellant availed himself of the ten day period in which to file motion for new trial before being…