Donald v. State

A jury convicted appellant of assaulting a family member, elevated to a felony by a prior conviction for a similar offense. See Tex. Penal Code § 22.01(b)(2)(A). On original submission, a divided panel of this court sustained appellant's ineffective-assistance challenge, reversed appellant's conviction and remanded for a new trial. The State filed a motion for rehearing. We grant the State's motion, withdraw the majority and dissenting opinions of September 19, 2017, and issue this opinion on rehearing.

In a single issue, appellant contends that his counsel rendered ineffective assistance by…