Eloy James Gutierrez, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' decision that Gutierrez received ineffective assistance of counsel and remanded for further proceedings. The majority held that Texas law provides no right to withdraw a plea of true in a probation‑revocation proceeding, and therefore counsel could not be ineffective for not seeking such a withdrawal. The Court also concluded that Article 26.13 does not apply to revocation hearings. Justice Meyers dissented, arguing that due‑process principles and Strickland require a different result.