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Dotson v. State9/2/2004
tled to a hearing on his motion for new trial if the motion and the supporting affidavits raise matters not determinable from the record that could entitle him to relief. Wallace v. State, 106 S.W.3d 103, 108 (Tex. Crim. App. 2003). To be sufficient to entitle the defendant to a hearing, the motion for new trial and accompanying affidavits need not establish a prima facie case for a new trial. Jordan v. State, 883 S.W.2d 664, 665 (Tex. Crim. App. 1994). These documents need merely reflect that reasonable grounds exist for holding that a new trial could be granted. Martinez v. State, 74 S.W.3d 19, 22 (Tex. Crim. App. 2002). As a prerequisite to obtaining a hearing, the motion must be supported by an affidavit that specifically demonstrates the truth of the grounds for attack. Id. at 21. Affidavits that are conclusory in nature and unsupported by facts are not sufficient to put the trial court on notice that reasonable grounds for relief exist. Jordan, 883 S.W.2d at 665. We review the trial court's decision not to hold a hearing on a motion for new trial under an abuse of discretion standard. Wallace, 106 S.W.3d at 106.
On June 20, 2003, Dotson filed and presented an amended motion for new trial to the trial court. The trial court never signed a written order denying Dotson's motion for new trial, and it was overruled by operation of law. Dotson's amended motion set forth several grounds alleged as a basis for new trial. In Dotson's brief, however, the only grounds mentioned concern the denial of his motion for continuance and alleged jury misconduct; thus, we will only address these two grounds on appeal.
In his amended motion for new trial, Dotson claimed that the trial court abused its discretion by denying his motion for continuance because (1) the State failed to give him adequate and timely notice and changed the theory of prosecution through reindictments shortly before trial and (2) the State failed to give reasonable notice of its intent to introduce extraneous offenses and unadjudicated bad acts in advance of trial despite his timely requests. He concluded that " y denying the continuance[,] the Court denied a fair trial." He also claimed "that the jury committed jury misconduct in that it failed to follow the jury instructions submitted upon the law of self-defense and necessity as well as that of manslaughter." The motion contained sworn verifications by Dotson and his counsel that the contents of the motion were based on personal knowledge and were true and correct. Dotson, however, failed to attach an affidavit to his motion in support of his contentions.
Our review of the record reveals that Dotson's allegations in his amended motion for new trial were conclusory in nature, and therefore, insufficient to put the trial court on notice that reasonable grounds for relief existed. See King v. State, 29 S.W.3d 556, 568-69 (Tex. Crim. App. 2000) (holding that trial court did not err in refusing to hold a hearing because bare assertions in verified motion failed to establish facts entitling defendant to a new trial); Buerger v. State, 60 S.W.3d 358, 362-63 (Tex. App.--Houston [14th Dist.] 2001, pet. ref'd) (holding affidavit was too conclusory, in part, because despite appellant's incompetence claim, he "did not allege what medication he needed; why it was needed or how its absence affected his competency during the hearing; what aspect of the hearing he failed to appreciate . . . ; or what he would have changed if he had been alert and oriented . . . "); Watson v. State, 37 S.W.3d 559, 561 (Tex. App.--Beaumont 2001, no pet.) (holding defendant's affidavit stating, "I wish to state that I did not intelligently, knowingly[,] or voluntarily enter my plea. I did not understand the
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