Prejean v. State

(Assigned), dissenting.

The single issue raised by Appellant on appeal is: “Defendant did not receive effective assistance of counsel.” Since there was no motion for a new trial and no subsequent hearing on the motion to determine trial strategy, the majority overruled the point of error and affirmed the trial court.

That single issue is based on the failure of the defense attorney to object when the trial court told the jury they had to be sequestered because the defendant demanded it. The majority opinion deals only with the form, rather than the substance, of this appeal. However, if we look…