Eugene v. State

OPINION

Kem Thompson Frost, Chief Justice

In this appeal we address a claim of ineffective assistance of counsel and an as-applied challenge to the constitutionality of article 102.011 of the Texas Code of Criminal Procedure, which imposes on persons convicted of a felony or misdemeanor a cost of court for summoning witnesses. We address whether the record is sufficient to assess the ineffective-assistance-of-counsel claim and whether appellant Allan Eugene met his burden to show article 102.011 denied him constitutional rights. We affirm.

Factual and Procedural Background

In 2004, a grocery…