IN RE DAVIS

No. 10-99-030-CR.

990 S.W.2d 455 (1999)

In re Paul Ray DAVIS.

Court of Appeals of Texas, Waco.

April 8, 1999.


Attorney(s) appearing for the Case

Ted Redington, Waxahachie, for relator.

Joe F. Grubbs, County & Dist. Atty., Waxahachie, real party in interest.

Gene Knize, Waxahachie, for respondent.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

TOM GRAY, Justice.

Paul Ray Davis was convicted and sentenced in accordance with a plea agreement. Davis did not seek a new trial. Can the trial court order a new trial on its own motion? Because we find that a trial court does not have authority to grant a new trial in a criminal case unless it is requested by the defendant, we hold that the order granting a new trial on the court's motion is void and conditionally grant the writ of mandamus.

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