MARTINEZ v. STATE

No. 13-90-347-CR.

846 S.W.2d 345 (1992)

Efrain MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled January 14, 1993.


Attorney(s) appearing for the Case

Dorina Ramos, McAllen, for appellant.

Rena Guerra, Dist. and County Atty., Edinburg, for appellee.

Before GILBERTO HINOJOSA, KENNEDY and SEERDEN, JJ.


OPINION

GILBERTO HINOJOSA, Justice.

A jury found appellant guilty of theft, and the trial court assessed punishment at ten years probation. On appeal, appellant attacks the sufficiency of the evidence and contends the trial court erred when it overruled his motion for new trial without a hearing. We find the evidence sufficient to sustain the conviction but will abate the appeal with instructions that the trial court conduct a hearing on appellant's motion...

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