Legal Opinion

Kirk, Tory Levon

Court of Criminal Appeals of Texas

Decided January 28, 2015No. PD-1197-13PublishedCited by 29 opinions

1Opinion of the CourtKeller, P.J.

Alcala, J., filed a concurring opinion.

In a prior decision, we suggested that there was a time limit on the trial court’s power to rescind the granting of a new trial. We now conclude that there is no specific time limit on the trial court’s power to do so.1 Consequently, we reverse the judgment of the court of appeals.

*512I. BACKGROUND

A. Trial Proceedings

The trial court revoked appellant’s deferred-adjudication probation, adjudicated him guilty of aggravated robbery, and sentenced him to eight years’ imprisonment. Appellant’s sentence was imposed in open court on March 7, 2013. On March 20,…

2Cases cited12 opinions

  1. Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
  2. Fruehauf Corp. v. CarrilloTexas Supreme Court · 1993
  3. In re Baylor Medical Center at GarlandTexas Supreme Court · 2008
  4. English v. StateCourt of Criminal Appeals of Texas · 1980
  5. People v. MinkIllinois Supreme Court · 1990

7 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Elizondo, Jose Guadalupe RodriguezCourt of Criminal Appeals of Texas · 2016
  2. State v. RobinsonCourt of Criminal Appeals of Tennessee · 2016
  3. Eian Tilor Hurlburt v. State, Texas Court of Appeals, 10th District (Waco)2016
  4. Smith, FernandoCourt of Criminal Appeals of Texas · 2018
  5. in Re State of Texas Ex Rel. David Escamilla, Travis County Attorney, Texas Court of Appeals, 3rd District (Austin)2018

24 more not listed; retrieve them via the Exa API.

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