Court of Criminal Appeals of Texas

Ex Parte Gerald Langley, Applicant

June 17, 19921992 Tex. Crim. App. LEXIS 150

Summary

The Court held that Gerald Langley was denied effective assistance of counsel in the punishment phase because trial counsel failed to investigate a prior theft conviction that resulted in unrevoked shock probation, rendering the enhancement allegation invalid. Accordingly, Langley's sentence was set aside and the cause remanded to the trial court for appropriate action. Judge Campbell filed a concurring opinion agreeing with the result.