Kelley Renee Schmidt v. The State of Texas--Appeal from 396th District Court of Tarrant County
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
KELLEY RENEE SCHMIDT APPELLANT
THE STATE OF TEXAS STATE
FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
Kelley Renee Schmidt appeals her sentence for possession of four or more, but less than 200, grams of a controlled substance, gamma hydroxybutyrate. In a single point, appellant complains that the trial court should have set her motion for new trial for hearing and granted her a new trial because her four-year sentence is excessive.
Nothing in the record indicates that appellant presented her motion for new trial to the trial court by bringing the motion to the court s attention in any way.2 Accordingly, appellant has forfeited her complaint that the trial court abused its discretion by not setting the motion for hearing.3
Further, appellant did not raise her complaint of excessive punishment in her motion for new trial or elsewhere in the trial court. Therefore, she has forfeited this complaint as well.4
For these reasons, we overrule appellant s point and affirm the trial court s judgment.
PANEL F: CAYCE, C.J.; HOLMAN and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 28, 2005
1. See Tex. R. App. P. 47.4.
2. See Tex. R. App. P. 21.6 (providing that motion for new trial must be presented to trial court within 10 days of filing); Carranza v. State, 960 S.W.2d 76, 78 (Tex. Crim. App. 1998) (holding that filing of motion for new trial does not show presentment and that movant must deliver motion to court or otherwise bring motion to court s attention); Cozzi v. State 160 S.W.3d 638, 640 (Tex. App. Fort Worth 2005, pet. filed) (same).
3. See Cozzi, 160 S.W.3d at 640-41.
4. Curry v. State, 910 S.W.2d 490, 497 (Tex. Crim. App. 1995); Solis v. State, 945 S.W.2d 300, 301 (Tex. App. Houston [1st Dist.] 1997, pet. ref d).