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STATE v. STEWART

No. 03-07-00735-CR.

282 S.W.3d 729 (2009)

The STATE of Texas, Appellant, v. Trent STEWART, Appellee.

Court of Appeals of Texas, Austin.

April 15, 2009.

Attorney(s) appearing for the Case

Holly Taylor, Asst. District Atty., Austin, for Appellant.

Keith S. Hampton, Austin, for Appellee.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

OPINION

J. WOODFIN JONES, Chief Justice.

The district court granted appellee Trent Stewart a new trial in the interest of justice after finding that the sentence imposed by the court was disproportionate to sentences imposed by the court in similar cases. The State contends that the court exceeded its plenary authority and abused its discretion by announcing its intention to reduce Stewart's punishment before Stewart had filed a motion for new trial...

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