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WALLACE v. STATE

No. 937-02.

106 S.W.3d 103 (2003)

Robert Marvin WALLACE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

May 21, 2003.

Attorney(s) appearing for the Case

Judy Hodgkiss, Paris, for Appellant.

Gary L. Waite, Asst. Co. Atty., Paris, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

HOLCOMB, J., delivered the opinion of the Court, in which KELLER, P.J., and MEYERS, PRICE, KEASLER, HERVEY, and COCHRAN, JJ. joined.

The question presented is whether the court of appeals erred in upholding the trial court's denial of appellant's request for a hearing on his motion for new trial. We hold that the court of appeals used the wrong analysis but reached the right result.

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