Oscar Perez Jr., Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the Fourteenth Court of Appeals' judgment denying relief on Oscar Perez Jr.'s claim that trial counsel was ineffective for failing to investigate and present an alibi witness. Although counsel's performance was conceded to be deficient, the Court held that Appellant failed to show prejudice under the second prong of the Strickland test: the proffered alibi affidavit was too vague and ambiguous to establish that it was physically impossible for Appellant to have committed the robbery, and the omitted testimony would not have benefited him. Comparing the strength of the State's case with the evidence the jury never heard, the Court found no reasonable probability that the outcome would have differed had counsel performed reasonably.