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GARCIA v. STATE

No. 04-08-00750-CR.

308 S.W.3d 62 (2009)

Florentino GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 23, 2009.

Attorney(s) appearing for the Case

Mark Stevens, Attorney At Law, Stephanie L. Stevens, San Antonio, TX, for Appellant.

Heriberto Silva, District Attorney, John A. Olson, Assistant District Attorney, Rio Grande City, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.

MEMORANDUM OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

Garcia appeals his conviction for aggravated sexual assault, asserting, among other issues, that his trial counsel rendered ineffective assistance. Because we conclude that Garcia was deprived of a fair trial by the totality of his attorney's representation, we reverse the judgment of the trial court and remand the cause for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

At her...

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