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Click here for the full text of this decision FACTS:The appellant was convicted of two separate counts of aggravated sexual assault of a child, and the jury assessed punishment at 15 years’ confinement on each count. He filed a motion for new trial, but did not specifically request a hearing on the motion. The motion was overruled by operation of law. On direct appeal the appellant complained that the trial court did not, but should have, held a hearing on his motion. The court of appeals affirmed, holding that the appellant was not entitled to a hearing in the absence of a request for one. HOLDING:The court affirms the judgment of the court of appeals. To present a motion in the context of a motion for new trial, the defendant must give the trial court actual notice that he timely filed a motion for new trial and requests a hearing on the motion for new trial. The rationale for this requirement is the same as that which supports preservation of error generally: A trial court should not be reversed on a matter that was not brought to the trial court’s attention. Presenting the motion, along with a request for a hearing, is required to let the court know that the defendant wants the trial court to act on the motion and whether the defendant would like a hearing on the motion. Presenting the motion for new trial and the request for a hearing is akin to objecting to the erroneous admission of evidence. Absent a proper objection that alerts the trial court to the erroneous admission, the error has not been preserved for appellate review. Thus, a reviewing court does not reach the question of whether a trial court abused its discretion in failing to hold a hearing if no request for a hearing was presented to it. The court cannot conclude that the appellant’s desire for a hearing was brought to the attention of the trial court. Nowhere in the motion did the appellant request a hearing. The order attached to the motion, labeled “Order – Time to Present,” included the options of having a hearing or ruling on the motion without a hearing, which, without a more specific request, left to the trial court’s discretion whether a hearing should be held. The court holds that, in this case, the appellant did not adequately advise the trial court of his desire to have a hearing. OPINION:Price, J., delivered the court’s opinion.

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