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MEMORANDUM OPINION ON REHEARING No. 04-07-00574-CR Jeremiah Heath CARDIN, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B0750 Honorable Charles Sherrill, Judge Presiding1 Opinion by: Catherine Stone, Justice Sitting: Catherine Stone, Justice Karen Angelini, Justice Steven C. Hilbig, Justice Delivered and Filed: October 1, 2008 REVERSED AND REMANDED In light of the State’s concession of error on rehearing, we withdraw our opinion and judgment of June 25, 2008, and substitute this opinion and judgment in their stead. Jeremiah Cardin was found guilty of possession of cocaine, and he was sentenced to two years imprisonment and fined $2,000. Cardin’s only complaint on appeal is that he was denied effective assistance of counsel

… Sitting by assignment.

04-07-00574-CV during the punishment phase of his trial. The State concedes, with commendable professional candor, that: (1) defense counsel’s representation of Cardin during the punishment phase of his trial was so deficient as to fall below an objective standard of reasonableness; and (2) there is a reasonable probability that but for counsel’s unprofessional errors, the result of the proceeding would have been different. See Strickland v. Washington, 466 U.S. 668, 687 (1984); Thompson v. State, 9 S.W.3d 808, 812 (Tex. Crim. App. 1999). Given the State’s concession of error, Cardin’s motion for rehearing is granted and the case is remanded to the trial court for further proceedings.

Catherine Stone, Justice Do Not Publish

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