Delgado v. State

The conviction should be reversed because of ineffective assistance of counsel.

The information charged that appellant intentionally and knowingly caused the death of Mary Esther Delgado “by shooting the said Mary Esther Delgado with a gun.” In his judicial confession appellant admitted that he intentionally and knowingly caused the death of Mary Esther Delgado “by shooting the said Mary Esther Delgado with a gun.”

It is clear that the allegation that appellant caused the death of his victim by “shooting” her “with a gun” charged the offense of murder by use of a deadly weapon. Chavez v. State,…