If a judge takes a plea from a person detained in jail on a Class C misdemeanor, the judge must grant any motion for new trial if made within five days of the judgment.

• A. True
• B. False
• C. Not applicable
• D. Within 15 days

Answer: (B)

The concept being tested is the deadline and outcome of a motion for new trial in a criminal case. In Texas, after a judgment or sentence is imposed, a motion for new trial must be filed within ten days. This deadline applies regardless of whether the defendant is detained in jail or not, so being in jail does not shorten the filing window to five days. Additionally, even if a motion for new trial is timely, the judge is not required to grant it automatically; the motion must present valid grounds (such as trial error or new evidence) and the court will decide whether to grant a new trial. Therefore, the statement is false because the deadline is ten days, not five, and a timely motion is not automatically granted.