Hyer v. State

Opinion

BRIAN QUINN, Chief Justice.

Appellant, Nathan A. Hyer, appeals his conviction for possessing a controlled substance, namely cocaine. Though thirteen issues are before us, we only address whether he was denied the assistance of counsel because counsel was not allowed to make a closing argument during the punishment phase of the trial. Our disposition of it is dispositive of the appeal because we reverse the judgment.

Appellant pled guilty to the charged offense without the benefit of an agreement regarding punishment. He also waived his right to a jury and asked the trial court to…