Mercado v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for delivery of heroin for which the jury affixed a punishment of seventeen (17) years’ imprisonment.

On appeal appellant raises, the sole ground of error that the trial court erred in overruling his first amended motion for new trial because the appellant did not have the effective assistance of counsel, although retained, at the trial of his case on the merits. This contention is based on the fact that counsel did not file a motion for probation or inform the appellant that such a motion could be filed. The trial on a plea of…