Ex parte Banks, 61236
Citation | 580 S.W.2d 348 |
Decision Date | 02 May 1979 |
Docket Number | No. 61236,61236 |
Parties | Ex parte Walter Lee BANKS, Jr. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Robert Huttash, State's Atty., Austin, for the State.
This is a felony post-conviction habeas corpus application brought pursuant to Art. 11.07, V.A.C.C.P.
Petitioner was convicted in May 1978 of possession of heroin and was sentenced in June 1978 to five years. He timely filed a notice of appeal and in December 1978 the appeal was affirmed in a per curiam opinion that recited no statement of facts and no briefs had been filed in the case and that appellant was represented by retained counsel. This habeas corpus application was brought in an effort to secure an out-of-time appeal on the grounds that petitioner's retained counsel breached a legal duty to his client to diligently pursue the appeal, and that petitioner was thereby denied effective assistance of counsel on appeal.
The convicting court conducted a hearing on petitioner's application at which the attorney, petitioner, petitioner's father, and one of the court reporters from petitioner's trial testified. The testimony from these various witnesses was in harmony and raised no factual disputes. The testimony supports these findings of fact entered by the hearing court, and we adopt them:
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Booher v. State
...Additionally, appellant contends that there was no strategic reason to not request a court reporter. Therefore, under Ex Parte Banks, 580 S.W.2d 348 (Tex.Cr.App.1979), trial counsel was We observe that there is no affirmative showing in the record that trial counsel did not request a court ......