Larry Dewitt Jackson Junior v. the State of Texas

Opinion

Affirmed and Memorandum Majority and Concurring Opinions filed May 9, 2024.

In The

Fourteenth Court of Appeals

NO. 14-22-00449-CR

LARRY DEWITT JACKSON, JR., Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court Washington County, Texas Trial Court Cause No. 18734

MEMORANDUM CONCURRING OPINION

I concur in this court’s judgment and join the majority’s opinion with the exception of the discussion of the third issue.

The majority states, and I agree, “In most cases, a direct appeal proves an inadequate vehicle for raising an ineffective-assistance claim because the record generally stands undeveloped and cannot adequately reflect the motives behind trial counsel’s actions.” While this is one of those cases, trial counsel’s

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representation also raises legitimate concerns.

At this point, the only forum to develop that record is in a potential habeas-corpus proceeding. Absent a developed record, this court correctly overrules the third issue but nonetheless keeps discussing the ineffective-assistance claim. I do not join that discussion as it potentially poisons the well if an application for a writ of habeas corpus is filed.

/s/ Charles A. Spain Justice

Panel consists of Justices Jewell, Spain, and Wilson (Wilson, J., majority). Do not publish — Tex. R. App. P. 47.2(b)