The State of Texas v. Rodrigo Heriberto Zapata--Appeal from 49th Judicial District Court of Webb County

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CONCURRING OPINION

No. 04-00-00238-CR

The STATE of Texas,

Appellant

v.

Rodrigo Heriberto ZAPATA,

Appellee

From the 49th Judicial District Court, Webb County, Texas

Trial Court No. 1999-CRR-272-D1

Honorable Manuel R. Flores, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Concurring opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice

Delivered and Filed: January 31, 2001

My deep concern that ineffective assistance of counsel issues are rarely acted on by trial judges is relieved by the vigilance and fairness of this trial judge. It remains, however, too difficult for our intermediate appellate judges to intervene. See Mitchell v. State, 23 S.W.3d 582 (Tex. App.--San Antonio 2000, pet. granted).

Tom Rickhoff, Justice

DO NOT PUBLISH

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