STATE v. DAVIS

No. 04-09-00694-CR.

335 S.W.3d 252 (2010)

The STATE of Texas, Appellant, v. Caleb DAVIS, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted February 9, 2011.


Attorney(s) appearing for the Case

Cleophus Marshall , Attorney at Law, Angela J. Moore , Chief Public Defender, San Antonio, TX, for Appellant.

Mary Beth Welsh , Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.


OPINION

Opinion by: CATHERINE STONE, Chief Justice.

The sole issue presented in this appeal is whether the trial court erred in modifying a judgment of conviction and sentence thirty-five days after the trial court imposed the original sentence. The appeal is premised on the State's contention that the motion for reconsideration or reduction in sentence filed by appellee, Caleb Davis, was untimely and cannot be construed as a motion for new trial or motion...

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