STATE v. ELLIS

No. 01-97-00899-CR.

976 S.W.2d 789 (1998)

The STATE of Texas, Appellant, v. Gerard Joseph ELLIS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 28, 1998.


Attorney(s) appearing for the Case

John B. Holmes, Alan Curry, Houston, for Appellant.

David Kiatta, Houston, for Appellee.

Before O'CONNOR, TAFT and SMITH, JJ.


OPINION

TAFT, Justice.

Appellee, Gerard Joseph Ellis, pleaded guilty to the offense of aggravated sexual assault of a child pursuant to a plea agreement with the State. The trial court found the evidence substantiated appellee's guilt and assessed nine years deferred adjudication and a $500 fine. Appellee filed a motion for new trial, which the trial court granted. The State appeals from that ruling. We address (1) whether a trial court can grant a motion...

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