MILLER v. STATE

No. PD-0891-15.

548 S.W.3d 497 (2018)

Arthur Franklin MILLER, Jr., Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Delivered: May 23, 2018.


Attorney(s) appearing for the Case

Cody Lee Skipper , H. Jay Ethington , Dallas, TX, for Arthur Franklin Miller, Jr.

Amy Sue Melo Murphy , Assistant Criminal District Attorney, McKinney, TX, Stacey Soule , Austin, TX, for State of Texas.


OPINION

We withdraw our prior opinion and hold that a defendant meets the prejudice prong of his ineffective assistance of counsel claim by demonstrating that he would have opted for a jury if his attorney had correctly advised him that he was ineligible for probation from the trial court. He does not have to show that the likely outcome of the jury trial he waived would have been more favorable than the court trial he had. We base our holding...

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