Stokes v. State

OPINION ON REMAND

KEM THOMPSON FROST, Justice.

A jury convicted appellant Forrest Lee Stokes of felony theft of merchandise from a retail store. After finding two enhancement paragraphs to be true, the jury assessed punishment at fifteen years’ confinement. Appellant filed a motion for new trial and requested a hearing. The trial court did not hold a hearing, and the motion was overruled by operation of law.

PROCEDURAL BACKGROUND

On original submission, appellant raised two issues: (1) the trial court abused its discretion in failing to hold a hearing on his motion for new trial; and (2) the…