Riley v. Texas (Original)
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Appellant Billy Dee Riley, Jr. asserted on appeal that because of his trial counsel's ineffective assistance, he was denied an opportunity to be placed on deferred-adjudication community supervision. The court of appeals agreed and sustained his complaint. The State appealed. Upon review, the Supreme Court concluded that it was "apparent" that counsel's performance in giving incorrect advice regarding probation was deficient. Viewing the evidence in the light most favorable to the trial court's ruling, the Court found that, while appellant had shown deficient performance by trial counsel, he failed to prove that had defense counsel properly informed appellant of his ineligibility for probation, there was a reasonable probability that his trial would have produced a different result. Accordingly, the trial court properly denied appellant's motion for new trial.
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