DocketNumber： AP-76,809
Filed Date： 5/23/2012
Status： Precedential
Modified Date： 9/16/2015
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to twenty years' imprisonment. The Fourth Court of Appeals affirmed his conviction. Howard v. State, No. 04-05-00388-CR (Tex. App.-San Antonio 2007, pet. ref'd).
Applicant contends that trial counsel rendered ineffective assistance. We order that this application be filed and set for submission to determine whether there is a reasonable probability that the result would have been different at guilt but for counsel's deficient performance. Strickland v. Washington, 466 U.S. 668, 694 (1984). The parties shall brief this issue.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 60 days of the date of this order.
Filed: May 23, 2012
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