Court of Criminal Appeals of Texas
Alvin Wesley Prine, Jr. v. the State of Texas
September 20, 2017537 S.W.3d 113
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals and affirmed the trial court's conviction and sentence, holding that the record’s silence on counsel’s reasons means the presumption of reasonable strategy was not rebutted and therefore counsel did not provide ineffective assistance. Justice Alcala dissented, arguing that counsel’s performance was so unreasonable it constituted ineffective assistance and that the Court should have granted a new punishment hearing.