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RILEY v. STATE

No. 06-10-00130-CR.

345 S.W.3d 413 (2011)

Billy Dee RILEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided: July 29, 2011.

Attorney(s) appearing for the Case

Craig L. Henry, Texarkana, for Appellant.

Samantha J. Oglesby, Kelly Gossett Crisp, Asst. Dist. Atty's, Bowie County Dist. Atty's Office, Texarkana, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

Billy Dee Riley, Jr., had been convicted of murder in a Bowie County jury trial. The punishment phase evidence had been fully received, during which the primary defense strategy had been to seek community supervision for Riley. In fact, Riley's attorneys had advised him before and during trial that he was qualified to ask for community supervision. But, during the charge conference on punishment, his defense team...

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