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Blount v. State

In a case alleging ineffective assistance of counsel, the court's review of counsel's representation is highly deferential; the fact that another attorney, even the defendant's own attorney on appeal, might have pursued a different course of action does not necessarily indicate ineffective assistance.

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OPINION

Leonard Blount appeals his conviction by a jury for the offense of aggravated sexual assault of a child. The jury assessed his punishment at seventy years’ imprisonment. Blount was accused of sexually assaulting the victim, whom Blount’s mother often baby-sat in her home.

In his first issue on appeal, Blount contends he received ineffective assistance of counsel. The standard for testing claims of ineffective assistance of counsel is set out by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and adopted for Texas constitutional claims in Hernandez v. State, 726 S.W.2d 53, 57 (Tex. Crim. App. 1986). To prevail, Blount must prove by a preponderance of the evidence (1) that his attorney’s representation fell below an objective standard of reasonableness, and (2) that the deficient performance prejudiced his defense. Strickland, 466 U.S. at 687; Tong v. State, 25 S.W.3d 707, 712 (Tex. Crim. App. 2000).

 
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