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Smith v. State

Court of Appeals of Texas, Second District, Fort Worth
Jul 15, 2004
Nos. 2-03-428-CR, 2-03-429-CR, 2-03-430-CR (Tex. App. Jul. 15, 2004)

Opinion

Nos. 2-03-428-CR, 2-03-429-CR, 2-03-430-CR

Delivered: July 15, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from Criminal District Court No. 2 of Tarrant County.

Wes Ball, Arlington, TX, for appellant. Tim Curry, Criminal District Attorney, Charles M. Mallin, Sylvia Mandel, Ed Lasater and Shane Lewis, Assistant Criminal District Attorneys, Fort Worth, TX, for appellee.

Panel F: DAUPHINOT, J.; CAYCE, C.J.; and McCOY, J.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


A jury convicted Appellant Dale Allen Smith of three robbery by threat offenses and assessed his punishment at twenty years' confinement in the Institutional Division of the Texas Department of Criminal Justice in each case. The trial court sentenced him accordingly. Appellant brings two points on appeal, complaining that his trial counsel was ineffective because she failed to seek suppression of illegally obtained evidence and failed to object to a witness's nonresponsive answer indicating that Appellant had a criminal history. Appellant did not file a motion for new trial. There is no evidence in the record that any evidence was illegally obtained. Consciously deciding not to object to a witness's comment to avoid drawing attention to it is a sound trial strategy. Based on the applicable standard of review, we cannot say that Appellant's trial counsel was ineffective. We overrule Appellant's two points and affirm the trial court's judgments.

See Strickland v. Washington, 466 U.S. 668, 687-89, 104 S.Ct. 2052, 2064-66 (1984); Thompson v. State, 9 S.W.3d 808, 812-14 (Tex.Crim.App. 1999).


Summaries of

Smith v. State

Court of Appeals of Texas, Second District, Fort Worth
Jul 15, 2004
Nos. 2-03-428-CR, 2-03-429-CR, 2-03-430-CR (Tex. App. Jul. 15, 2004)
Case details for

Smith v. State

Case Details

Full title:DALE ALLEN SMITH, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Jul 15, 2004

Citations

Nos. 2-03-428-CR, 2-03-429-CR, 2-03-430-CR (Tex. App. Jul. 15, 2004)