context: Discussion. An attorney has a duty to exert his best efforts to ensure that his client's decisions are based on correct information as to the applicable law. Counsel's erroneous advice to Garcia that community supervision was still available if he chose to go to the judge for sentencing fell below an objective standard of reasonably professional judgment and foreclosed him from receiving community supervision.
citation_a.signal: see also
citation_a.identifier: 818 S.W.2d 814, 815
citation_a.parenthetical: counsel's erroneous advice to defendant to elect court to assess punishment was based on counsel's mistaken belief that defendant was eligible for shock probation and deprived defendant of opportunity for jury to assess probation, and thus fell below standard of reasonable representation
citation_a.sentence: See Gallegos, 756 S.W.2d at 48 (counsel who failed to inform defendant his jury waiver at punishment phase precluded him from receiving probation was ineffective, where the error was not an exercise of reasonable professional judgment and prejudiced defendant); see also Ex parte Canedo, 818 S.W.2d 814, 815 (Tex.Crim.App.1991) (counsel’s erroneous advice to defendant to elect court to assess punishment was based on counsel’s mistaken belief that defendant was eligible for shock probation and deprived defendant of opportunity for jury to assess probation, and thus fell below standard of reasonable representation); Ex parte Battle, 817 S.W.2d 81, 83 (Tex.Crim.App.1991) (defendant’s election to plead guilty, based on counsel’s erroneous advice that he was eligible for court-ordered probation, was not done voluntarily and knowingly); Medeiros v. State, 733 S.W.2d 605, 607 (Tex.App.-San Antonio 1987, no pet.) (attorney’s admitted lack of knowledge of probation laws cannot supply basis for informed decision concerning assessment of punishment).
citation_b.signal: see
citation_b.identifier: 756 S.W.2d 48, 48
citation_b.parenthetical: counsel who failed to inform defendant his jury waiver at punishment phase precluded him from receiving probation was ineffective, where the error was not an exercise of reasonable professional judgment and prejudiced defendant
citation_b.sentence: See Gallegos, 756 S.W.2d at 48 (counsel who failed to inform defendant his jury waiver at punishment phase precluded him from receiving probation was ineffective, where the error was not an exercise of reasonable professional judgment and prejudiced defendant); see also Ex parte Canedo, 818 S.W.2d 814, 815 (Tex.Crim.App.1991) (counsel’s erroneous advice to defendant to elect court to assess punishment was based on counsel’s mistaken belief that defendant was eligible for shock probation and deprived defendant of opportunity for jury to assess probation, and thus fell below standard of reasonable representation); Ex parte Battle, 817 S.W.2d 81, 83 (Tex.Crim.App.1991) (defendant’s election to plead guilty, based on counsel’s erroneous advice that he was eligible for court-ordered probation, was not done voluntarily and knowingly); Medeiros v. State, 733 S.W.2d 605, 607 (Tex.App.-San Antonio 1987, no pet.) (attorney’s admitted lack of knowledge of probation laws cannot supply basis for informed decision concerning assessment of punishment).