Smith v. State
When the State filed a motion to adjudicate the defendant for new charges after his original plea and subsequent deferred adjudication, the trial court should not have granted a hearing on the defendant's motion for new trial when the basis of the motion was ineffective assistance of counsel. The defendant's motion for new trial and supporting affidavit raised an issue that could not be determined from the record: whether trial counsel was ineffective for failing to inform him of his right to testify on his own behalf and to enter certain medical records into evidence. The defendant failed to explain how counsel's allegedly unprofessional errors would have changed the trial court's finding of true on all three violations in the State's motion to adjudicate and failed to show that the result of the hearing to adjudicate guilt would have been different.
