Texas Code of Criminal Procedure 29.035 – for Insufficient Notice of Hearing or Trial
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(a) Notwithstanding Article 28.01 or any other provision of this chapter, and except as otherwise provided by this article, a trial court shall grant a continuance of a criminal action on oral or written motion of the state or the defendant if the trial court sets a hearing or trial without providing to the attorney for the state and the defendant, or the defendant’s attorney, notice of the hearing or trial at least three business days before the date of the hearing or trial.
(b) This article does not apply during the period between:
(1) the date the trial begins; and
(2) the date the judgment is entered.
Terms Used In Texas Code of Criminal Procedure 29.035
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005