Opinion
No. 14-04-00108-CR
Memorandum Opinion Filed July 19, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 351st District Court, Harris County, Texas, Trial Court Cause No. 944,481. Affirmed.
Panel consists of Justices EDELMAN, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
Quindarle Batts appeals a conviction for aggravated sexual assault of a child on the ground that the trial court abused its discretion by not holding a hearing on appellant's motion for new trial. We affirm. Appellant's motion for new trial was set for hearing on March 23, 2004, then re-set to April 2, 2004. However, there is no indication in our record whether a hearing took place on that date, or, if not, why. Under these circumstances, appellant's sole point of error fails to demonstrate that a hearing was not held, or that any non-occurrence of the hearing resulted from any abuse of discretion by the trial court (as contrasted from other causes, such as appellant's failure to appear). Therefore, the point of error is overruled, and the judgment of the trial court is affirmed.
A jury found appellant guilty and sentenced him to life imprisonment.