during hearing in Texas

2022“During plea negotiations defendants are ‘entitled to the effective assistance of competent counsel.’” Id. (quoting McMann v. Richardson, 397 U.S. 759, 771 (1970)).

2015During plea negotiations defendants are Cooper, 474 Mich. 905 , 705 N.W.2d 118 (2005) "entitled to the effective assistance of competent (table). counsel." McMann v. Richardson, 397 U.S. 759, 771 , 90 S.Ct. 1441 , 25 L.Ed.2d 763 (1970).

2011See generally Ramirez v. State, 301 S.W.3d 410 (Tex.App.-Austin 2009, no pet.) (rejecting State's argument that counsel's mistake to have trial court assess punishment following conviction of Article 42.12, Section 3g offense was based on trial strategy where record revealed otherwise). [3] Although Recer was decided in a different posture, in which counsel's advice led to punishment assessment by the trial court, we find the test in Recer instructive. [4] The State concedes Riley's initial eligibility.

2011See generally Ramirez v. State, 301 S.W.3d 410 (Tex.App.-Austin 2009, no pet.) (rejecting State's argument that counsel's mistake to have trial court assess punishment following conviction of Article 42.12, Section 3g offense was based on trial strategy where record revealed otherwise). .

2007Amador v. State, 187 S.W.3d 543, 549 (Tex.App.-Beaumont 2006), rev’d, 221 S.W.3d 666 (Tex.Crim.App.2007).

2007Id.

2011In re J.A.D., 31 S.W.3d 668, 670 (Tex. App.—Waco 2000, no pet.).

2011In re J.A.D. , 31 S.W.3d 668, 670 (Tex. App.—Waco 2000, no pet.).

1996Green v. State, 615 S.W.2d 700, 707 (Tex. Crim.App.1980), cert. denied, 454 U.S. 952 , 102 S.Ct. 490 , 70 L.Ed.2d 258 (1981).

1993Cardenas, 857 S.W.2d at 710 (citing Green v. State, 615 S.W.2d 700, 707 (Tex.Crim.App.1980); Walker v. State, 588 S.W.2d 920, 924 (Tex.Crim.App.1979)).

2019See Amador, 221 S.W.3d at 673–74; Cornish, 848 S.W.2d at 145 ; State v. Brown, 929 S.W.2d 588, 591 (Tex. App.—Corpus Christi–Edinburg 1996, pet. ref’d).

2007Amador v. State, 187 S.W.3d 543, 549 (Tex.App.-Beaumont 2006), rev’d, 221 S.W.3d 666 (Tex.Crim.App.2007).

2020So, I’m going to go ahead and sign it.”6 As soon as the trial court judge said he intended to sign the amended order, relator told the court it would seek mandamus relief in connection with the amended order’s grant of new trial. 5 See also Andrew Shebay & Co., P.L.L.C. v. Bishop, 429 S.W.3d 644, 647 (Tex. App.— Houston [1st Dist.] 2013, pet. denied) (“A proposed judgment submitted by a party need not note the submitting party's disagreement with the contents of the judgment to maintain the right to appeal.

2019See Amador, 221 S.W.3d at 673–74; Cornish, 848 S.W.2d at 145 ; State v. Brown, 929 S.W.2d 588, 591 (Tex. App.—Corpus Christi–Edinburg 1996, pet. ref’d).

2019See Carmichael v. State, 505 S.W.3d 95, 103 (Tex. App.—San Antonio 2016, pet. ref’d) (concluding failure to object to lack of hearing under article 38.37 was subject to general requirement of preservation under rule 33.1 and subject to forfeiture).

2018See Favaloro v. Comm’n for Lawyer Discipline, 994 S.W.2d 815, 821 (Tex. App.—Dallas 1999, pet. stricken) (“If the appellant fails to bring forward a complete record, the court will conclude appellant has 11 We address the issue of why a jury did not determine the amount of fees in section A(2), infra. –7– waived the points of error dependent on the state of the evidence.”); Rush v. Barrios, 56 S.W.3d 88, 96 (Tex. App.—Houston [14th Dist.] 2001, pet. denied) (“No record was made of the hearing on the motion for fee forfeiture, and we must support the judgment of the trial court on any legal the

2018See Favaloro v. Comm’n for Lawyer Discipline, 994 S.W.2d 815, 821 (Tex. App.—Dallas 1999, pet. stricken) (“If the appellant fails to bring forward a complete record, the court will conclude appellant has 11 We address the issue of why a jury did not determine the amount of fees in section A(2), infra. –7– waived the points of error dependent on the state of the evidence.”); Rush v. Barrios, 56 S.W.3d 88, 96 (Tex. App.—Houston [14th Dist.] 2001, pet. denied) (“No record was made of the hearing on the motion for fee forfeiture, and we must support the judgment of the trial court on any legal the

2018See id. § 27.005(c); see also In re Lipsky, 460 S.W.3d at 590 .

2017Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986) (citations omitted).

2015See Goodspeed, 187 S.W.3d at 392 .

2015Considering the voluntariness of a guilty plea is determined by the totality of the circumstances and there is a presumption of regularity of the judgment and the proceedings, Hunter has not overcome this presumption.123 During the hearing on the motion for new trial, Hunter testified he 121 R.R.III:32; Rodriguez v. State, 01-14-00206-CR, 2015 WL 457463 , at *1 (Tex. App.— Houston [1st Dist.] Feb. 3, 2015, no pet.) (A Harris County jury convicted defendant of the felony offense of aggravated sexual assault of a child and assessed his punishment at eighty years' confinement and a $10,000 fine.)

2012"A guilty plea is not considered knowingly and voluntary if it is made because of ineffective assistance of counsel." Ex parte Niswanger, 335 S.W.3d 611, 614-15 (Tex. Crim.