Lawyer's Failure to Object to Admission of Void Prior Conviction
In Ex parte Felton, 815 S.W.2d 733 (Tex.Cr.App. 1991), trial counsel for the defendant failed to object to admission of a void prior conviction used to enhance punishment. Id. at 734.
This failure to object and failure to investigate the prior conviction was ineffective assistance of counsel. Id. at 736.
Ex parte Felton is distinguishable.
Felton's prior judgment was void on its face because it reflected Felton had waived his right to a jury trial at a time when a trial court was without jurisdiction to allow a defendant in a capital case to waive the right to a jury trial. Ex parte Felton, 815 S.W.2d at 734 n.1.