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[W] Landers v. State

4/17/2003

s attention. Carranza, 960 S.W.2d at 79–80; Sexton v. State, 51 S.W.3d 604 (Tex. App.—Tyler 2000, pet. ref'd). Thus, the trial court committed no error and did not abuse its discretion by failing to hold a hearing on a motion for new trial not shown to have been presented to it. Enard v. State, 764 S.W.2d 574, 575 (Tex. App.—Houston [14th Dist.] 1989, no pet.) (holding a motion for new trial was not timely presented when nothing in the record indicates trial court was on notice of desire for hearing to present evidence, and motion for new trial was overruled by operation of law). Appellant's seventh issue is overruled.


VI. CONCLUSION


We affirm the trial court's judgment.


Lee Duggan, Jr. Justice


Judgment rendered and Opinion filed April 17, 2003.


Publish -- Tex. R. App. P. 47.2(b).




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