Court of Criminal Appeals of Texas
Ex Parte Roland Cruz
October 28, 19871987 Tex. Crim. App. LEXIS 684
Summary
The Court denied the habeas petition, holding that the applicant failed to meet his burden of proving ineffective assistance of counsel and therefore affirmed the lower court's judgment. The decision notes that counsel's advice, while mistaken about probation eligibility, did not constitute constitutionally ineffective representation, and no affirmative finding of a deadly weapon was made, rendering the applicant eligible for probation under Texas law. Separate dissenting opinions argue that the majority misapplied the Strickland test and that counsel's lack of knowledge of the law rendered assistance ineffective.