Curcuru v. State
In Curcuru v. State, 13-08-00734-CR (Tex. App.--Corpus Christi Dec. 9, 2010, no pet.) the defendant timely filed a motion for new trial.
His motion included several arguments, like ineffective assistance of counsel, which were based on matters outside the trial record. Id.
Curcuru did not include any evidence to support these arguments. Id.
Curcuru later filed an untimely amended motion for new trial which included evidence in the form of several affidavits to support his argument. Id.
The trial court properly refused to consider the late affidavits. Id.
"Texas courts . . . have long held that when the grounds for a new trial are outside the record, a defendant must support his motion by. . . affidavit." Id.