IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. AP-75,383

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EX PARTE GILBERT AMEZQUITA, Applicant,

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM HARRIS COUNTY

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Cochran, J., filed a concurring opinion.

O P I N I O N

This is an extremely close question. There is sufficient evidence in the habeas corpus record to support either an affirmative or negative finding of ineffective assistance of counsel. Reasonable people can and do differ on that question. It is precisely for that reason that we normally defer to the trial judge's assessment of the pertinent evidence because her assessment is based upon having heard all of the testimony at the original trial, having made reasonable inferences from all of the evidence, and having made credibility and demeanor determinations that the cold written record before us cannot adequately convey.

The trial judge found that trial counsel was constitutionally ineffective and she recommends that applicant be granted a new trial. There is sufficient evidence in the record that supports her findings and recommendation. I therefore agree that we should accept her recommendation, although, based upon the conflicting (sometimes contradictory) evidence, I would also have deferred to contrary factual findings and recommendations. I join the majority opinion.

Filed: November 22, 2006

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