May v. State

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of aggravated assault with a deadly weapon. V.T.C.A., Penal Code Sec. 22.02(a)(4). Punishment was assessed by the jury at three years. The Court of Appeals reversed the conviction on a finding of ineffective assistance of counsel. May v. State, 660 S.W.2d 888. The State brought this petition for review on the issues of whether counsel’s failure to have appellant’s application for probation sworn to constituted ineffective assistance of counsel, and whether in any event such failure was harmless because…