Gable v. State

OPINION

ANDERSON, Justice.

In this post-conviction appeal, the only issue for our review is whether the petitioner is entitled to an evidentiary hearing on his post-conviction petition. The petitioner alleged that he received ineffective assistance of counsel when he pled guilty to second-degree burglary in 1989, but he did not allege that he was prejudiced in any way by the alleged constitutional violation. The trial court dismissed the petition without an evidentiary hearing. The Court of Criminal Appeals, however, reversed. We conclude that because the petitioner failed to allege that he was…