Opinion
NO. 14-18-00601-CR
03-05-2019
On Appeal from the 208th District Court Harris County, Texas
Trial Court Cause No. 1540170
DISSENT TO DENIAL OF MOTION TO ABATE THE APPEAL AND REMAND THE CASE FOR A HEARING ON APPELLANT'S MOTION FOR NEW TRIAL
Because appellant's motion for new trial raises issues which are not determinable from the record, I would grant appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial so that appellant has meaningful appellate review. See Smith v. State, 286 S.W.3d 333, 338 (Tex. Crim. App. 2009); Hemphill v. State, No. 14-13-00395-CR, 2015 WL 1456338, at *5-*10 (Tex. App.—Houston [14th Dist.] Mar. 26, 2015, no pet.) (mem. op., not designated for publication).
Accordingly, I dissent from the denial of appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial.
/s/ Charles A. Spain
Justice Panel consists of Chief Justice Frost and Justices Jewell and Spain (J. Spain, dissenting).
Publish — Tex. R. App. P. 47.2(b).