CARBALLO v. STATE

No. 01-07-00824-CR.

303 S.W.3d 742 (2009)

Leeroy Cesar CARBALLO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 2, 2009.


Attorney(s) appearing for the Case

Nicole DeBorde, Houston, TX, Ellis C. McCullough, Attorney at Law, Spring, TX, for Appellant.

Shirley Cornelius, Assistant District Attorney-Harris County, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, KEYES, and HIGLEY.


OPINION

LAURA CARTER HIGLEY, Justice.

The jury found appellant, Leeroy Cesar Carballo, guilty of aggravated robbery.1 After finding one enhancement allegation to be true, the jury assessed punishment at 40 years in prison.

In four issues, appellant complains that (1) he received ineffective assistance of counsel during the punishment phase; (2) "the trial court erred by not sua sponte permitting appellant to testify to...

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