Ellis v. State

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

AKIN, Justice.

Michael L. Ellis appeals from a conviction for the offense of keeping a gambling place in violation of Section 47.04 of the Penal Code. The trial court assessed punishment at five years’ imprisonment, probated for ten years, and a fine of $2,000.00. On appeal, we affirmed the judgment of the trial court, holding that: (1) appellant was not denied effective assistance of counsel by the failure of his trial counsel to challenge the legality of a search for gambling paraphernalia and the admissibility of the fruits thereof; and (2) the…