State v. Daniels

The State appeals from an order of the county court at law granting appellee’s motion for new trial. Tex.Code Cr.P.Ann. art. 44.01(a)(3) (Supp.1988). Appellee timely filed her motion for new trial after the trial court found her guilty of resisting arrest and assessed punishment at incarceration for three days and a $350 fine. Tex.Pen. Code Ann. § 38.03 (1974).

The motion for new trial was granted, without a hearing, the same day it was filed, May 3,1988. At a hearing “to clarify the record” held after the motion was granted, the trial court stated that “the Court mistakenly assumed that the…