Court of Criminal Appeals of Texas

Dan Dale Burch, Appellant v. the State of Texas

November 15, 2017541 S.W.3d 816

Summary

The Texas Court of Criminal Appeals held that the trial court did not abuse its discretion in denying Dan Dale Burch's motion for a new trial and that Burch failed to demonstrate the prejudice required for ineffective assistance of counsel. Accordingly, the Court reversed the appellate court's decision and affirmed the trial court's denial. The opinion also clarified the proper standard of review for new‑trial motions and explained the distinction between deferred‑adjudication and straight probation.