Howell v. State
Howell v. State
Opinion of the Court
OPINION
Appellant entered a plea of guilty to a charge of driving while intoxicated. The trial court assessed punishment at 180 days in the Harris County Jail, probated for two years, and a fine of $100. We affirm.
In his sole point of error, appellant contends that his conviction must be reversed and remanded for a new trial, since he entered an involuntary plea because of ineffective assistance of counsel. Appellant
Appellant also contends in his brief that his counsel failed to view his video, interview his fact witnesses, subpoena the results of his breath tests, adequately prepare and present his factual or statutory defense to the driving while intoxicated charge or the open container allegation, and failed to adequately present and appeal appellant’s plea in bar on the grounds of jeopardy.
In the present case, there was no motion for new trial filed in the trial court and no hearing on appellant’s claim of ineffective assistance of counsel. Because appellant’s assertions are wholly unsupported by the record before this Court, we overrule the point of error. Brown v. State, 485 S.W.2d 914, 916 (Tex.Crim.App. 1972); Burnett v. State, 784 S.W.2d 510, 514 (Tex.App.—Dallas 1990, pet. ref’d); Lambert v. State, 649 S.W.2d 689, 693 (Tex.App.—Tyler 1983, no pet.).
The judgment of the trial court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.