Stokes v. State

The question in this case is whether a docket-sheet entry was sufficient to show “presentment” of a motion for new trial to the trial court. We hold that it in this case it was.

The appellant was convicted of felony theft and sentenced to fifteen years’ confinement. He timely filed a motion for new trial alleging ineffective assistance of counsel. No hearing was held on the motion, which was overruled by operation of law.

The Presentment Rule

A defendant is required to “present” a motion to the trial court within ten days of filing it, unless the court, in its discretion, extends that time…