Ex parte Westerman

3 At the habeas hearing, before habeas counsel asked Applicant about conversations Applicant had with his 1990 trial counsel, the following exchange occurred:

Q [Habeas Counsel]: Okay. Now, here is where only you can testify to this because you're the only one that was involved back in 1990 who is still here. You understand there is a different prosecuting attorney; I'm a different defense attorney. We weren't part of those negotiations. Okay. Do you understand that?

A [Applicant]: Yes, sir.

4 See Maddox v. State , 591 S.W.2d 898, 900 (Tex. Crim. App. 1979) (concluding from an examination of the…