# Quinones v. State

> Court of Criminal Appeals of Texas · January 9, 1980 · 592 S.W.2d 933

URL: https://www.frixlaw.com/law-library/cases/9653342

## Case

- **Full name:** John Henry QUINONES, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 9, 1980
- **Citations:** 592 S.W.2d 933; 10 A.L.R. 4th 1067; 1980 Tex. Crim. App. LEXIS 1041
- **Precedential status:** Published
- **Opinion:** Dissent by Odom
- **Judges:** Dally, Roberts, Phillips, Clinton
- **Cited by:** 245 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Ehrke, Robert Bradley, 2015 Tex. Crim. App. LEXIS 505 (2015).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9653342

## Opinion text

*949 ODOM, Judge,
dissenting.
I join the conclusion that this conviction must be reversed for the underlying factual events relied on by Judge Roberts in his dissent. I differ from his conclusion only in that I would hold those facts support a finding of prosecutorial misconduct, instead of ineffective assistance of counsel. The root cause for the miscarriage in this case was not ineffectiveness on the part of appellant’s counsel; it was the misrepresentation made by the prosecutor. Cf. Ruth v. State, 522 S.W.2d 517 . No cloud should be cast on appellant’s counsel for placing reliance on the representations of another professional. This conviction should be reversed for prosecutorial misconduct. I dissent to its affirmance.
CLINTON, J., joins this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9653342. Public record. Not legal advice.