In Re Davis

OPINION

TOM GRAY,’Justice.

Paul Ray Davis was convicted and sentenced in accordance with a plea agreement. Davis did not seek a new trial. Can the trial court order a new trial on its own motion? Because we find that a trial court does not have authority to grant a new trial in a criminal case unless it is requested by the defendant, we hold that the order granting a new trial on the court’s motion is void and conditionally grant the writ of mandamus.

Factual Background

A grand jury indicted Davis for possession of one gram or more, but less than four grams of a controlled substance. See Tex.…