Gann v. State

DISSENTING OPINION TO REFUSAL OF APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

On direct appeal, appellant raised five points of error contending he received ineffective assistance of counsel at the punishment stage of his trial. The Court of Appeals addressed appellant’s points of error under the standard announced in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and affirmed. Gann v. State, 818 S.W.2d 69 (Tex.App.-Houston [1st Dist.] 1991). However, the Strickland standard is not the proper standard to gauge the effectiveness of counsel at the…