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Stokes v. State

Before appellant is entitled to a hearing on a motion for new trial in which he alleges ineffective assistance of counsel, he must provide sufficient facts from which a trial court reasonably could conclude both that counsel failed to act as a reasonably competent attorney and that, but for counsel's failure, there is a reasonable likelihood that the outcome of his trial would have been different. Houston Court of Appeals, No. 14-04-00518-CR, 10-08-2009

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Affirmed and Opinion on Remand filed October 8, 2009.

OPINION ON REMAND

A jury convicted appellant Forrest Lee Stokes of felony theft of merchandise from a retail store. After finding two enhancement paragraphs to be true, the jury assessed punishment at fifteen years’ confinement. Appellant filed a motion for new trial and requested a hearing. The trial court did not hold a hearing, and the motion was overruled by operation of law.

 
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