Boyette v. State

OPINION ON REMAND

MICHOL O’CONNOR, Justice.

On original submission, a majority of the panel held that Don Gene Boyette, the appellant, was denied the assistance of counsel during the 30 days for filing a motion for new trial. Boyette v. State, 908 S.W.2d 56 (Tex.App.—Houston [1st Dist.] 1995); see also, O’Connor, J., dissenting, at 59. The panel concluded the appellant had shown good cause under Tex.RApp. P. 2 (1997) (now Tex.R.App. P. 2) 1 to suspend the requirement of Tex.R.App. P. 31(a) (1997) (-now Tex.R.App. P. 21.4) 2 that a motion for new trial be filed within 30 days of sentencing.…