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Weaver v. State

Gary Wayne Weaver failed to overcome the presumption of reasonable assistance of counsel on direct appeal, because the record was silent as to his counsel's strategy and Weaver failed to show that no reasonable attorney could have made similar decisions. Houston's 1st Court of Appeals, No. 01-07-00178-CR.

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OPINION

Following trial, a jury convicted appellant, Gary Wayne Weaver, of aggravated robbery,*fn1 and the trial court assessed punishment at life imprisonment. On appeal, appellant presents six issues: (1) whether the evidence supporting the verdict is legally and factually sufficient; (2) whether the warrantless search of the apartment at which he was a guest was illegal; (3) whether his confession was illegally obtained due to interrogating officers’ misrepresentations; (4) whether he should have been brought before a magistrate prior to being interrogated by police; (5) whether the trial court’s refusal to allow the jury to assess punishment denied him procedural due process; and (6) whether his counsel was ineffective. We affirm.

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