Estrella v. State

OPINION ON MOTION FOR REHEARING

Opinion by

PAUL W. GREEN, Justice.

By this opinion, we withdraw our opinion of March 13, 2002 and substitute the following:

This appeal turns on whether the trial court erred in its interpretation Rule 21.6, which provides “[t]he defendant must present the motion for new trial to the trial court within 10 days of fifing it.” The trial court found Estrella’s presentment of the motion to the court coordinator was insufficient to satisfy the presentment requirement of Rule 21.6 and, consequently, refused to consider the motion or arguments regarding whether he was…