Montelongo v. Texas (original by judge walker)
Annotate this CaseAppellant Alberto Montelongo was charged with one count of attempted capital murder of Jesus Rodriguez and Angelica Parra, five counts of aggravated assault with a deadly weapon, and one count of continuous family violence against Parra. Appellant was tried on the attempted capital murder count and the continuous family violence count, and the jury found him guilty of both charges. The jury assessed punishment at 99 years on the attempted capital murder charge and 10 years on the continuous family violence charge. The trial court entered the judgment of conviction and imposed the sentence in open court on September 30, 2015. Appellant timely filed and presented a motion for new trial in which he requested a hearing. The trial court initially scheduled a hearing, but it later sua sponte cancelled the hearing without rescheduling. No hearing was held, the trial court made no rulings on the motion, and the motion was overruled by operation of law. The Texas Court of Criminal Appeals held that timely filing and presenting a motion for new trial that requests a hearing preserves, for appellate review, the issue of whether the trial court abuses its discretion in failing to hold such a hearing. The judgment of the court of appeals was reversed, and the case was remanded to the court of appeals to consider Appellant’s first issue.
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