Jaubert v. State

MEYERS, J.,

filed a dissenting opinion,

in which PRICE and HOLCOMB, J.J., joined.

Twice, appellant in the instant action has been ill-served. First, his trial counsel failed to render constitutionally effective assistance, See Jauberb v. State, 65 S.W.3d 73 (Tex.App.-Waco 2000). Then, a majority of this Court relies on the fortuity that the State introduced extraneous offenses in “rebuttal” to appellant’s punishment “case in chief’ to reverse the Waco Court of Appeals and reject appellant’s ineffective assistance of counsel claim. Jaubert v. State, 74 S.W.3d 1, 4 (Tex.Crim.App.2002) (hereinafter…