425 S.W.3d 649
Tex. App.2014Background
- Garza was convicted of possession of a controlled substance (1.9 grams of cocaine).
- Pursuant to trial, the judge sentenced Garza to 25 years and taxed $444 in costs.
- Garza fled from the arrest; cocaine baggies were recovered after officers located them.
- Garza moved for new trial based on newly discovered evidence and sought a hearing.
- Appellant timely appealed challenging denial of the new-trial hearing and the court-cost assessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of hearing on motion for new trial | Garza argues affidavit shows new evidence entitles a hearing | State contends no abuse; evidence not compelling | No abuse; hearing properly denied |
| Sufficiency of evidence for court costs | JIMS printout not signed/certified; costs not supported | Costs supported by record; bill of costs not required | Costs supported; no reversal on costs |
Key Cases Cited
- Smith v. State, 286 S.W.3d 333 (Tex. Crim. App. 2009) (abuse-of-discretion standard for new-trial hearing)
- Hobbs v. State, 298 S.W.3d 193 (Tex. Crim. App. 2009) (two purposes of new-trial hearing; discretion to deny)
- Chapa v. State, 407 S.W.3d 428 (Tex. App.—Houston [14th Dist.] 2013) (two-prong test; establish reasonable grounds for new trial)
- Drew v. State, 743 S.W.2d 207 (Tex. Crim. App. 1987) (new trial cannot obtain evidence known at trial)
- Wallace v. State, 106 S.W.3d 103 (Tex. Crim. App. 2003) (weight of new evidence against result of trial)