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SMITH v. STATE

No. PD-0777-08.

286 S.W.3d 333 (2009)

Gerald Wayne SMITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 17, 2009.

Attorney(s) appearing for the Case

John A. Kuchera, Waco, for Appellant.

John R. Messinger, Asst. Criminal District Atty., Waco, Jeffrey L. Van horn, State's Atty., Austin, for State.

OPINION

PRICE, J., delivered the opinion of the Court in which WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

We granted the State's petition for discretionary review to determine whether, in order to obtain a hearing on a motion for new trial when the basis of the motion is ineffective assistance of counsel, a defendant must establish a reasonable probability that the outcome would have been different in order to demonstrate reasonable...

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