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Harrington Christopher Young, Appellant v. the State of Texas, Appellee

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CONCURRING OPINION

I respectfully concur. Appellant, Harrington Christopher Young, pleaded guilty to the first degree felony offense of aggravated sexual assault of a child under the age of fourteen.*fn1 Pursuant to a plea bargain without an agreed recommendation as to punishment, the trial court sentenced Young to fifteen years’ confinement. In two issues, Young contends that (1) his trial counsel rendered ineffective assistance and (2) his sentence constitutes cruel and unusual punishment. I agree with the majority that Young has not established ineffective assistance of counsel, but I would decide the issue on the basis that Young cannot demonstrate that a reasonable probability exists that had his trial counsel taken the actions that Young contends he should have taken, the result of the proceeding would have been different and Young would have received deferred adjudication community supervision. Regarding Young’s second issue, I would hold that he cannot establish that his sentence, which falls within the permissible statutory range, constitutes cruel and unusual punishment.

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