Larry Dewitt Jackson Junior v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 9, 2024
• Docket: 14-22-00449-CR
• Status: Published

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 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 Do not publish — Tex.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)