State v. Mapp

OPINION

PAUL PRESSLER, Justice.

This is an appeal from an out of time granting of a new trial based upon newly discovered evidence. We reverse and render.

On July 17, 1987, appellee pled guilty to delivery of a controlled substance, namely cocaine. Punishment was assessed at eight years. On March 17, 1988, eight months after sentencing, appellee filed a “Motion for Rehearing” in the trial court, pro se. The motion alleged that he had been “set up”. The trial court appointed counsel who filed an amended Motion for New Trial two weeks later. The basis of the motion was newly discovered evidence…