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BUTLER v. STATE

No. 01-92-00822-CR.

6 S.W.3d 636 (1999)

Steve Allen BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 9, 1999.

Attorney(s) appearing for the Case

Charles Freeman, Houston, for Appellant.

John B. Holmes, William Delmore, III, Houston, for State.

Panel consists of Justices WILSON, NUCHIA, and BASS.

OPINION ON MOTION FOR REHEARING

BASS, Justice (Retired).

We must decide an issue of first impression: Does former Texas Rule of Appellate Procedure 31(c)(1) (now Texas Rule of Appellate Procedure 21.6), which requires a defendant to "present" a motion for new trial to the trial court, allow a defendant to present the motion to the trial court's court coordinator, or does the rule require that the motion be physically presented to the actual judge of the...

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