Rozell v. State

OPINION

The appellant was convicted of two separate counts of aggravated sexual assault of a child, and the jury assessed punishment at 15 years’ confinement on each count. He filed a motion for new trial, but did not specifically request a hearing on the motion. The motion was overruled by operation of law. On direct appeal the appellant complained that the trial court did not, but should have, held a hearing on his motion. The court of appeals affirmed, holding that the appellant was not entitled to a hearing in the absence of a request for one. We granted review to determine whether the…