State v. Bates

OPINION

This is an appeal by the State pursuant to Tex.Code Crim.PRO.Ann. art. 44.01 (Vernon Supp.1992).

The jury convicted Raymond Lee Bates of the offense of aggravated sexual assault of a child. The trial court assessed punishment. After a presentence investigation report, the trial court sentenced appellant, on July 1, 1991, to confinement for 20 years. Bates timely filed a motion for new trial which was granted “as to punishment only” on July 3, 1991. On February 3, 1992, Bates filed a “motion regarding conduct of trial” which stated in part:

As a matter of law, this case was thus restored…