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Reyes v. State

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OPINION

Appellant, Orlando Reyes, pleaded guilty, without an agreed punishment recommendation from the State, to aggravated sexual assault of a child. After a pre-sentence investigation (PSI) hearing, the trial court found appellant guilty and sentenced him to 45 years confinement. Appellant filed a motion for new trial and a supplemental motion for new trial arguing he had been denied effective assistance of counsel. The trial court denied both motions without a hearing.

In two issues, appellant challenges (1) the trial court’s refusal to conduct a hearing on his motion for new trial, which was based on a claim of ineffective assistance of counsel, and (2) its denial of his motion. We previously sustained appellant’s first issue and, by our Order of August 2, 2001, abated this appeal for the trial court to conduct a hearing on appellant’s motions for new trial. A hearing was conducted, and a record of those proceedings and supplemental briefs from the parties are now before this Court. *fn2 We now address appellant’s second issue.

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