English v. State (2008)

In English v. State, Nos. 02-07-00384-CR, 02-07-00385-CR, 2008 WL 4053011 (Tex. App.--Fort Worth Aug. 28, 2008, pet. filed) the appellant entered open pleas of guilty to two counts of aggravated robbery with a deadly weapon. Id. At trial, English and two of his relatives testified that English was a good candidate for community supervision. Id. After the trial judge noted that English was statutorily disqualified from receiving community supervision because of the deadly weapon finding, English's trial counsel conceded that he "might have misunderstood" the statutory requirements. Id. However, because the "only thing apparent from the record was counsel's mere mistake regarding the possibility of community supervision," the Court held that English failed to sustain his ineffective assistance of counsel claim. Id.