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BRANCH v. STATE

No. 03-09-00477-CR.

361 S.W.3d 699 (2011)

Hubert Theodore BRANCH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 18, 2011.

Attorney(s) appearing for the Case

Barbara A. Drumheller , Houston, for Appellant.

Bob D. Odom , Asst. Dist. Atty., Wm. Nelson Barnes , Asst. County Atty., Belton, for State.

Before Justices PURYEAR, PEMBERTON and HENSON.

DISSENTING OPINION

DAVID PURYEAR, Justice.

I agree with the majority's disposal of Branch's first two issues. I further agree with the majority that the prosecutor's statement related to parole was improper and that Branch's attorney should have objected to the statement. However, because I disagree that Branch has shown either that his defense attorney was ineffective or that he was prejudiced as a result of his attorney's failure to object, I must...

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