Foster v. State

In Foster v. State, 652 S.W.2d 474 (Tex.App.--Houston 1st Dist. 1983), the defendant complained to the court of appeals that he was deprived of effective assistance of counsel because his trial counsel had failed to move for severance after a conflict of interest arose when a witness at the punishment phase implicated the defendant's co-defendant in an extraneous robbery. Foster, 652 S.W.2d at 476. Relying on Sanne and Johnson, both supra, the court of appeals held that a motion to sever must be made prior to the announcement of ready, and a motion made at the end of the guilt phase is not timely. Foster, 652 S.W.2d at 477.