State v. Ellis

OPINION

TAFT, Justice.

Appellee, Gerard Joseph Ellis, pleaded guilty to the offense of aggravated sexual assault of a child pursuant to a plea agreement with the State. The trial court found the evidence substantiated appellee’s guilt and assessed nine years deferred adjudication and a $500 fine. Appellee filed a motion for new trial, which the trial court granted. The State appeals from that ruling. We address (1) whether a trial court can grant a motion for new trial to an unadjudicated defendant, and (2) whether the trial court could grant appellee’s motion to withdraw his plea of guilty. We…