In Porter v. State, No. 09-05-494-CR (Tex. App.--Beaumont May 9, 2007, no pet.) (not designated for publication), Porter filed a motion for new trial alleging ineffective assistance based on trial counsel's failure to advise him of his "absolute right to testify" and explaining that he "wanted to place 'material evidence into the record . . . that goes to motive, character and bias of the complaining witness.'" Porter's affidavit stated: "Well when it was my time to defend myself trial counsel refused to put me on. I begged and argued three different ways telling him what my witness knew and all, he just refused. My witness and I were ready. Had I known I had the right to just get up and walk to the witness stand myself, my hand before God I would have. When I realized he was not putting me on I sat back sighed and rubbed my face and said, "okay." At that point I wanted to cry. I knew I was doomed. . . ." The Beaumont Court found that "Porter's motion and affidavit raised the claim that trial counsel did not inform him he had an absolute right to testify at the guilt-innocence phase of the trial." Because the record was "silent as to whether trial counsel informed defendant of his right to testify," the Court held that "Porter should be given an opportunity to present underlying facts of consequence bearing upon the alleged ineffective assistance claim, and, if there was a failure to inform, facts bearing upon a harm analysis."