Martinez v. State

OPINION

Opinion by

Chief Justice SEERDEN.

Rafael Garza Martinez pleaded guilty to possession of more than five but less than fifty pounds of marijuana, a third degree felony. The jury sentenced Martinez to eight years imprisonment and ordered him to pay court costs and a fine of $7,500. On appeal, Martinez argues that he was denied effective assistance of counsel. We affirm.

Presentment of Motion for New Trial

In its brief, the State does not reach the merits of the appeal, but instead argues only that Martinez waived error by failing to timely present his motion for new trial. The defendant must…