Prine v. State

DISSENTING OPINION

Alcala, J.,

filed a dissenting opinion.

This is an extreme case of ineffective assistance of counsel. Trial counsel called -witnesses to the stand in the punishment phase of a sexual assault trial thrdugh whom evidence was introduced that a probated sentence was inappropriate and that Alvin Wesley Prine, Jr., appellant, had previously sexually assaulted a child. Nothing that trial counsel could or would say to explain his performance could justify this extreme misfeasance. Despite the silent record as to counsel’s rationale for his conduct and despite the presumption that…