Meyers, J., filed a concurring opinion.

I agree with the majority's holding that the applicant was not denied effective assistance of counsel. I write separately to note that this claim could have been raised on direct appeal and thus the decision to consider the merits in this case conflicts with the recent holding in Ex Parte Townsend,137 S.W.3d 79, 81-2 (Tex. Crim. App. 2004), in which this Court stated, "when a defendant has an adequate remedy at law for his claim, he may not raise the claim in an application for a writ of habeas corpus."

Meyers, J.

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Filed: September 29, 2004