Kirk v. Texas (original by presiding judge keller)
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The trial court revoked appellant’s deferred-adjudication probation, adjudicated him guilty of aggravated robbery, and sentenced him to eight years’ imprisonment. Appellant’s sentence was imposed in open court on March 7, 2013. On March 20, appellant filed a "Motion for Commutation of Sentence," in which he requested a "time cut" and a new sentence of zero years. On March 25, appellant appealed. On May 17, the trial court entered an order granting a new trial on punishment. On May 20, the State filed a motion to rescind that order and requested that the trial
court rule on the State’s motion no later than May 21. The trial court signed an order rescinding its order granting a motion for new trial on punishment on May 22, seventy-six days after the imposition of sentence. In a prior decision, the Court of Criminal Appeals suggested that there was a time limit on the trial court’s power to rescind the granting of a new trial. The Court concluded here that there was no specific time limit on the trial court’s power to do so. Consequently, the Court reversed the judgment of the court of appeals.
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