No Objection to ''Immediate Adjudication'' Example Case In Texas
In Faerman v. State, 966 S.W.2d 843 (Tex. App.-Houston [14th Dist.] 1998, no pet.) both sides presented evidence at the motion to adjudicate hearing.
In Faerman no objection was offered as the trial court proceeded immediately to sentencing.
In Faerman no motion for new trial was offered which cited this error. the Faerman court held that the error was not preserved.
The appellant in Faerman also argued his trial counsel rendered ineffective assistance by failing to object to the immediate adjudication.
The standard of review used in reviewing all ineffective assistance of counsel claims is stated in Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984). Hernandez v. State, 988 S.W.2d 770, 772-773 (Tex. Crim. App. 1999).
This two-pronged test requires a showing, first, that the performance of appellant's trial counsel fell below an objective standard of reasonableness when assessed in light of prevailing professional norms, and second, that appellant's defense was prejudiced by this ineffectiveness. See McFarland v. State, 845 S.W.2d 824, 842 (Tex. Crim. App. 1992).