State of Texas v. Zalman, Daniel

KELLER, P. J., and PRICE, KEASLER, HERVEY, ALCALA, and COCHRAN JJ., joined.

This case involves the test in State v. Herndon 1 for reviewing granted motions for new trial. A trial court generally does not abuse its discretion if the defendant (1) sets forth a specific and valid legal ground for relief in their motion, (2) points to evidence in the record (or sets forth evidence) that substantiates the same legal claim, and (3) shows prejudice under the harmless-error standards of the Rules of Appellate Procedure. In this case, the appellee did not present evidence of the same claim that was…