holding that a defendant was " 'heard' on his motion for new trial within the meaning and intent of Rule 29.07(b)(1)" where "the record shows that the motion was considered and acted upon, and that counsel for [the defendant] was present at the time and place and remained silent[,]" having neither "requested an evidentiary hearing or an opportunity to present oral argument on the motion for new trial"
How later courts described this case
- holding that a defendant was " 'heard' on his motion for new trial within the meaning and intent of Rule 29.07(b)(1)" where "the record shows that the motion was considered and acted upon, and that counsel for [the defendant] was present at the time and place and remained silent[,]" having neither "requested an evidentiary hearing or an opportunity to present oral argument on the motion for new trial"
- holding that a defendant was " 'heard' on his motion for new trial within the meaning and intent of Rule 29.07(b)(1
Written by the judges who cited it.
The opinion
BARDGETT, Judge,
concurring.
With all due respect, I concur in overruling appellant’s point one because a hearing was afforded, majority op. 916, and in overruling point two because allocution was granted, majority op. 918, and in the disposition of point three and the result.