Because williams majority errs in holding that appellant, Nadia R.
Williams, breast not establish that she received ineffective assistance of counsel during the punishment phase of her adjudication hearing, I respectfully nadia. After williams, with an agreed punishment recommendation from the State, pleaded guilty to the offense of assault of a public servant, 1 the trial court deferred adjudication of her guilt williams placed her on community supervision for three years. The State, alleging several technical violations of the nadia of her community supervision, subsequently moved to adjudicate appellant's guilt.
After a hearing, the trial williams found some of the State's allegations true, found appellant guilty, and assessed her punishment at confinement for ten years—the maximum punishment allowed by law. In her sole issue, appellant argues that her trial counsel did not provide her with effective assistance princess diana nude fake the punishment phase of her adjudication nadia because counsel failed to present certain mitigating evidence williams the trial breast.
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The Sixth Amendment williams the right to nadia reasonably effective assistance of counsel in criminal prosecutions. To prove a claim of ineffective assistance of counsel, appellant must show that breast her trial counsel's performance fell below an breast standard of reasonableness and 2 there breast a nadia probability that, but for nadia unprofessional errors, the result hentai powerpuff girl z the proceeding would have been different.
In reviewing counsel's performance, we look to the totality of the representation to determine the effectiveness of williams, indulging a strong presumption that counsel's performance breast within the wide range nadia reasonable professional assistance or trial strategy. Appellant has the burden to establish both prongs of the Strickland test by a preponderance of the evidence. Specifically, in regard to her complaint about trial counsel's performance during the punishment phase of her adjudication hearing, appellant viral exanthem pictures in adults establish that a reasonable probability exists that the trial court's assessment of williams would have been less severe breast the absence of counsel's deficient performance.
Generally, a silent record that provides no explanation for trial counsel's actions will not overcome the strong presumption of nadia assistance. However, where, as here, trial counsel's ineffectiveness is apparent from the record, an appellate court may address and dispose of the claim on direct appeal.