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Ronald Carver v. State
Citation: Not availableDocket: 03-01-00087-CR
Court: Court of Appeals of Texas; February 21, 2002; Texas; State Appellate Court
Original Court Document: View Document
Ronald Carver pleaded guilty to sexual assault and was sentenced to two years in prison and a $10,000 fine. On appeal, he contended that his trial attorney failed to file a motion for new trial, which he argued deprived him of a fair opportunity to challenge counsel's effectiveness. Carver identified three potential errors by his counsel but acknowledged that he could not overcome the presumption of effective assistance based on the existing record. He requested the court to abate the appeal and remand the case for a hearing to investigate whether his attorney's failure to file the motion stemmed from a conflict of interest. The court noted that Carver had retained counsel throughout the appeal process and that the motion to substitute counsel was filed six months after the appeal was initiated. The court assumed that Carver and his original counsel had discussed the merits of filing a motion for new trial and that the decision was made against it. The court found the only authority cited by Carver, an unpublished order from another case, to be factually distinguishable from his situation. Ultimately, the court denied the request for abatement, allowing Carver to pursue his claims regarding trial counsel's effectiveness through a postconviction writ of habeas corpus. The judgment of conviction was affirmed.