Butler v. State

OPINION ON MOTION FOR REHEARING

BASS, Justice

(Retired).

We must decide an issue of first impression: Does former Texas Rule of Appellate Procedure 31(c)(1) (now Texas Rule of Appellate Procedure 21.6), which requires a defendant to “present” a motion for new trial to the trial court, allow a defendant to present the motion to the trial court’s court coordinator, or does the rule require that the motion be physically presented to the actual judge of the trial court? We hold, under the facts of this case, that appellant satisfied the presentment requirement by presenting the motion for new trial…