OPINION ON MOTION
PER CURIAMAppellant requests this Court to abate the appeal and return the case to the trial court for the purpose of holding hearings on the question of ineffective assistance of counsel.
He makes reference to a previous motion made before his appeal, requesting us to extend the time limitations for the filing of motions for new trial and arrest of a judgment of conviction under the authority of Tex.R.App.P. 2(b). The basis for his motion was that he needed the statement of facts in order to cogently examine the trial lawyer in regards to a point of error of ineffective assistance of counsel. In our prior Opinion on Motion, February 15,1990, 804 S.W.2d 918, we held that procedure would violate the express prohibition of Rule 2(a) by extending our jurisdiction, and 2(b) by suspending the requirements of the Code of Criminal Procedure. We further stated the following:
Upon appeal of the judgment under a point of error of ineffective assistance of counsel, this Court would consider a motion to abate the proceedings until the trial court has taken trial lawyer/witness testimony pertaining to such point.
Trial counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In the proper case, efficiency and justice might require the testimony of trial counsel by an appellant to overcome this presumption, or by the state to fortify it. We believe Rule 2, read in conjunction with Tex.R.App.P. 40(b)(2), provides us with this discretion. This procedure should not be used as a fishing expedition resulting in additional appellate delay.
Therefore, we hold that as a prerequisite to our consideration, there must be a bona fide point of error alleging ineffective assistance of counsel pending on appeal before this Court. Additionally, Appellant or the State must set forth in the Motion to Abate the Appeal such specific facts that constitute good cause contemplated by Rule 2(b). We realize that this procedure will have limited application. There are matters concerning ineffective assistance of counsel that can only be reached by post conviction habeas corpus.