Court of Criminal Appeals of Texas September 20, 2006, PD-1699-05 (Holden v. State)

WOMACK, J.,

delivered the opinion of the Court,

in which KELLER, P.J., and MEYERS, KEASLER, HERVEY, and COCHRAN, JJ., joined.

The issue in this case is whether a trial court always errs by deciding a motion for new trial on the basis of affidavits when a party has requested a hearing. We hold that such a procedure is not always in error.