Courtney v. State

I respectfully and reluctantly dissent. My dissent is reluctant because this appellate issue could have been easily avoided or convincingly resolved had the state called Mr. Courtney’s trial counsel to testify at the motion for new trial hearing.1 The lawyer would have either controverted or collaborated the testimony that Courtney had been advised his punishment would not exceed ten years.2 Had the lawyer denied the assertion, then the trial *738judge would have been tasked to resolve the controverted issue and this court would have readily upheld that resolution, resulting in a unanimous…