HOUSTON – Antonio “A.J.” Armstrong Jr., who was convicted of capital murder in the deaths of his mother and father, has just learned he will not receive a new trial due to a procedural deadline, according to his attorney Patrick McCann.
On Aug. 16, a jury found A.J. guilty of murdering his parents Dawn and Antonio Sr. while they slept at the family’s southwest Houston home in 2016. McCann said Monday, Oct. 30, marks the 75th day since A.J. was sentenced, which means his motion for a new trial “has been overruled by operation of law.”
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“Disappointed for my client that we don’t get a hearing. However, I am hopeful that the court of appeals remands the hearing or gives us the relief that Mr. Armstrong merits,“ McCann said. “I know this is disappointing for his family, but this is part of the process for Texas appeals. We have to have some faith in the system.”
This comes after A.J., who is currently serving life in prison, appealed the guilty conviction and hired McCann who is an appeals lawyer. He had until Sept. 15 to file an appeal, which he did.
But, according to the Texas appeals, “if a trial court judge has not signed an order granting or denying a motion for a new trial within 75 days after the date the final judgment was signed, the motion is generally overruled by operation of law. So, if a motion for a new trial is filed but the trial court judge does not sign an order granting or denying a motion for a new trial, the trial court judge’s last day of plenary power (which is the period in which the trial court judge still has jurisdiction to modify or vacate his/her final judgment) is generally the 105th day after the judgment was signed (the motion being overruled by operation of law after day 75 and the court having plenary power for 30 days after the judgment was overruled).
The judge in the trial, Judge Kelli Johnson, serves on the 178th Criminal District Court. She was elected twice in Harris County, once in 2016 and again in 2020. She has presided over all three trials.
The 23-year-old, who was first accused of killing his parents in 2016, went through two mistrials before being found guilty of capital murder during the third trial. He was sentenced to life in prison with the eligibility for parole in 40 years.
A.J. is currently being housed at the Byrd Unit in Huntsville. The Byrd Unit is known for processing inmates before they’re placed in their permanent facility. It’s not likely the place where he will carry out his sentence.
Despite the conviction, A.J. continues to have the support of his family throughout this process, with his grandmother telling KPRC 2 in an exclusive interview that her grandson was “not guilty.”
It’s not clear what’s next for A.J. KPRC 2 has reached out to his family for a comment.
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