Summary
This document is an appellant’s brief in a Texas criminal appeal arising from Emanuel Escobedo’s conviction for delivery of a controlled substance and a 50-year sentence. The brief argues that trial counsel provided ineffective assistance by failing to timely file motions, object to evidence, and challenge the admission of juvenile adjudication and probation-related information during punishment. It requests reversal and dismissal or, alternatively, a new trial.
Questions Presented
- Whether trial counsel rendered ineffective assistance by failing to timely object to the indictment and enhancement allegations, failing to pursue discovery, failing to object to evidence of another drug sale, and failing to challenge the admission of juvenile-record and alleged probation-violation evidence during punishment.
- Whether there was a reasonable probability that counsel's alleged errors affected the outcome, particularly the punishment assessed by the jury.
Cases Cited (20)
- Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim. App. 1984)(cited)
- Arrington v. State, 413 S.W.3d 106, 110 (Tex. App.—San Antonio 2013, pet. granted)(cited)
- Cosio v. State, 353 S.W.3d 766, 771 (Tex. Crim. App. 2011)(cited)
- Fulcher v. State, 274 S.W.3d 713, 716 (Tex. App.—San Antonio 2008, pet. ref'd)(cited)
- Gelinas v. State, 398 S.W.3d 703, 710 (Tex. Crim. App. 2013)(cited)
- Hutch v. State, 922 S.W.2d 166, 171 (Tex. Crim. App. 1996)(cited)
- Phillips v. State, 193 S.W.3d 904, 913–14 (Tex. Crim. App. 2006)(cited)
- Ngo v. State, 175 S.W.3d 738, 752 (Tex. Crim. App. 2005)(cited)
- Stuhler v. State, 218 S.W.3d 706, 717 (Tex. Crim. App. 2007)(cited)
- Rivera v. State, 123 S.W.3d 21, 28 (Tex. App.—Houston [1st Dist.] 2003, pet. ref'd)(cited)
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