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Lafleur v. State

An appellant claiming ineffective assistance for failure to file a motion to suppress is required to prove that the motion would have been granted.

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OPINION

Russell Wayne Lafleur was convicted of capital murder and sentenced to life imprisonment. Tex. Pen. Code Ann. �� 12.31(a), 19.03 (Vernon 1994). Lafleur was originally charged in a two-count indictment, along with Lonnie Rayallen Labonte, with capital murder and arson. A jury returned a verdict of guilty on both counts. The State, however, dismissed the arson count.

Court-appointed counsel for Lafleur has filed a brief pursuant to the United States Supreme Court case of Anders v. California *fn1 and certified that an appeal in this case would be frivolous. Lafleur filed a pro se response to counsel’s Anders brief.

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