Wallace v. State

OPINION

in which KELLER, P.J., and MEYERS, PRICE, KEASLER, HERVEY, and COCHRAN, JJ. joined.

The question presented is whether the court of appeals erred in upholding the *105trial court’s denial of appellant’s request for a hearing on his motion for new trial. We hold that the court of appeals used the wrong analysis but reached the right result.

The Controversy

A Lamar County grand jury indicted appellant for aggravated assault. See Tex. PemCode §§ 22.01(a)(1) & 22.02(a)(2). The case went to trial before a petit jury. At that trial, five eyewitnesses (Randy Mo-laris, Bert Babb, Betty Beth Merritt,…