Opinion
No. 05-08-00992-CR
Opinion issued August 13, 2009. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 004-87190-07.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
OPINION
The State of Texas appeals the trial court's order granting Robert Ray Montemayor a new trial. In a single issue, the State argues the trial court erred in granting appellee's motion for new trial because the underlying jury verdict convicting appellee of unlawful restraint was supported by legally sufficient evidence. We affirm. The jury convicted appellee of unlawful restraint. Appellee filed a motion for new trial raising four issues, including double jeopardy, erroneous admission of hearsay testimony, and in the interest of justice. The trial judge on the record stated all of these arguments are relevant to me," and signed an order granting the new trial "based on the findings herein and in the interest of justice." On appeal, the State addresses only the legal sufficiency of the evidence to support appellee's conviction; it does not address any of the grounds raised in the motion. The State is required to address all issues considered by the trial court in the motion for new trial. See Tong v. State, 25 S.W.3d 707, 710 (Tex. Crim. App. 2000) (failure to cite relevant authority waives claim); Lee v. State, 167 Tex. Crim. 608, 322 S.W.2d 260, 262 (1958) (decision of trial court is presumed to be correct, and burden rests on appellant to establish contrary). Accordingly, we overrule the State's sole issue. We affirm the trial court's order granting appellee's motion for new trial and remand for new trial.