IN THE
TENTH COURT OF APPEALS
No. 10-09-00285-CR
GARY ACY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court No. 32375-CR
MEMORANDUM OPINION
The trial court convicted Gary Acy of retaliation and sentenced him to five years
in prison. In one issue, Acy contends that he received ineffective assistance of counsel.
We affirm.
To prove ineffective assistance, an appellant must show that: (1) counsel’s
performance was deficient; and (2) the defense was prejudiced by counsel’s deficient
performance. See Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L.
Ed. 2d 674 (1984); see also Wiggins v. Smith, 539 U.S. 510, 521, 123 S. Ct. 2527, 2535, 156 L.
Ed. 2d 471 (2003).
Acy contends that trial counsel rendered ineffective assistance, identifying
several instances when counsel acted or failed to act. However, Acy did not file a
motion for new trial alleging ineffective assistance. The record is silent as to any
reasons explaining trial counsel’s actions and we will not so speculate. See Thompson v.
State, 9 S.W.3d 808, 814 (Tex. Crim. App. 1999). Absent a record revealing trial counsel’s
strategy or motivation, Acy cannot defeat the strong presumption that trial counsel’s
actions fell within the wide range of reasonable professional assistance. Id. An
ineffective assistance claim is better raised through an application for a writ of habeas
corpus. See Rylander v. State, 101 S.W.3d 107, 110 (Tex. Crim. App. 2003).
We overrule Acy’s sole issue and affirm the trial court’s judgment.
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Affirmed
Opinion delivered and filed May 5, 2010
Do not publish
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