Oliva v. State

Court of Criminal Appeals of Texas

Oliva v. State

991 S.W.2d 803, 1998 Tex. Crim. App. LEXIS 141, 1998 WL 754867

CourtCourt of Criminal Appeals of Texas

DecidedOctober 28, 1998

DocketNo. 651-97

StatusPublished

Cited by1 cases

This text of 991 S.W.2d 803 (Oliva v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oliva v. State, 991 S.W.2d 803, 1998 Tex. Crim. App. LEXIS 141, 1998 WL 754867 (Tex. 1998).

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Opinion

[804]*804 OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of aggravated sexual assault and assessed his punishment at confinement for fifty years. On direct appeal, the Court of Appeals reversed and remanded the case for a new punishment hearing based on its determination appellant received ineffective assistance of counsel at the punishment phase of his trial. Oliva v. State, 942 S.W.2d 727 (Tex.App.—Houston [14th Dist.] 1997).

We granted discretionary review to de- ' termine, among other things, whether the Duffy standard should continue to apply to claims of ineffective assistance of counsel at the punishment phase of a noncapital sentencing proceeding. See Ex parte Duffy, 607 S.W.2d 507 (Tex.Cr.App.1980). The Court has decided to dismiss the State’s petition for discretionary review as improvidently granted.

WOMACK, J., dissents.

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