Hernandez v. State

OPINION

Opinion by

Justice ROSS.

Roger Rocky Hernandez appeals his judgment of conviction for the offense of retaliation. See Tex. Pen.Code Ann. § 36.06 (Vernon Supp.2002). He entered a plea of guilty before the court without an agreed recommendation as to punishment. The court assessed punishment at five years’ imprisonment. The sole issue on appeal is whether the trial court abused its discretion in failing to conduct a hearing on a motion for new trial.

Hernandez was indicted for threatening to murder Billy Humphrey, a public servant. At the time of the alleged offense, Hernandez was an inmate…