Otis Gene Garrett v. State

• Court: Court of Appeals of Texas
• Decided: March 15, 2006
• Docket: 10-05-00162-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

Nos. 10-05-00161-CR, 10-05-00162-CR

& 10-05-00163-CR

Otis Gene Garrett,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the Criminal District Court No. 2

Tarrant County, Texas

Trial Court Nos. 0905526D, 0913133D & 0914668D

MEMORANDUM  Opinion

          Otis Gene Garrett pleaded guilty without the benefit of a plea bargain to two charges of aggravated sexual assault of a child and one charge of possession of child pornography.  The court sentenced Garrett to sixty years’ imprisonment on each of the aggravated sexual assault charges and ten years’ imprisonment on the child pornography charge.  Garrett contends in his sole point that the court abused its discretion by allowing his motion for new trial in each case to be overruled by operation of law.  We will affirm.

          The court imposed sentence on February 25, 2005.  Twenty days later, Garrett’s counsel filed in each case a motion to detain Garrett at the county jail (i.e., to not transfer Garrett to prison) until a hearing was held on Garrett’s anticipated motion for new trial or until the deadline for filing such a motion had passed.  The court did not rule on the motions to detain.  Garrett filed his motions for new trial on March 23.  These motions were overruled by operation of law.  See Tex. R. App. P. 21.8.

There is nothing in the record to indicate that Garrett presented the motions for new trial to the court.  Thus, he has not preserved his complaint for appellate review.  See Rozell v. State, 176 S.W.3d 228, 230-31 (Tex. Crim. App. 2005); Cozzi v. State, 160 S.W.3d 638, 640-41 (Tex. App.—Fort Worth 2005, pet. ref’d).  Accordingly, we overrule his sole point and affirm the judgments.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed March 15, 2006

Do not publish

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