Description: San Angelo, Texas criminal defense lawyer represented the Defendant charged with murder.

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At trial, Jaquez pled guilty to murder, and the state agreed to a 25-year cap on punishment. Both the State and Jaquez agreed that Jaquez's involvement in the murder was under a theory of party liability, and as a result the trial court would be authorized to consider whether Jaquez was eligible for deferred adjudication community supervision. See Tex. Code Crim. Proc. art. 42A.102(b)(4) (authorizing deferred adjudication community supervision under limited circumstances including when the defendant did not anticipate that a human life would be taken). The trial court deferred the finding of guilt, and the case proceeded to a punishment hearing.

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Legal issue Was the trial court's decision to deny deferred adjudication community supervision based on legally sufficient evidence and did the trial counsel provide ineffective assistance by failing to file a motion to recuse the judge?
Headnote

CRIMINAL LAW. SENTENCING AND COMMUNITY SUPERVISION. The case addresses the appellant's challenge to the trial court's decision to impose a twenty-five-year sentence rather than granting deferred adjudication community supervision, arguing that the court's decision was based on legally insufficient evidence regarding his anticipation of a human life being taken.

CRIMINAL LAW. INEFFECTIVE ASSISTANCE OF COUNSEL. The appeal examines whether the appellant received ineffective assistance of counsel due to the failure to file a motion to recuse the trial judge, given the judge's prior involvement in a related family case, and the court's findings on the lack of evidence of bias or prejudice requiring recusal.

Key Phrases Trial court's assessment of punishment. Ineffective assistance of counsel. Deferred adjudication community supervision. Trial judge recusal. Legally insufficient evidence.

Outcome: Affirmed

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Defendant's Experts:

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