# Ex Parte Ybarra

> Court of Criminal Appeals of Texas · March 31, 1982 · 629 S.W.2d 943

URL: https://www.frixlaw.com/law-library/cases/9777325

## Case

- **Full name:** Ex Parte Danny Orona YBARRA, Appellant
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 31, 1982
- **Citations:** 629 S.W.2d 943; 1982 Tex. Crim. App. LEXIS 931
- **Precedential status:** Published
- **Opinion:** Concurrence by Davis
- **Judges:** Clinton, Davis, Dally, McCormick, Teague
- **Cited by:** 137 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9777325

## How later opinions describe it (automated extraction)

- stating that the trial court may not grant new trial sua sponte in the absence of timely motion for new trial

## Opinion text

W. C. DAVIS, Judge,
concurring.
I concur in the result reached by the majority that the petitioner was denied the effective assistance of counsel. Yet, the result reached in this case is in direct conflict and cannot be reconciled with the en banc decision in Ex Parte Diaz, 610 S.W.2d 765 (Tex.Cr.App.1981).
In Diaz, supra, defense counsel was appointed thirty minutes prior to the conclusion of the proceedings. The attorney conducted no investigation concerning the facts of the case; the attorney did not advise Diaz regarding the consequences of his pleas of guilty; the attorney offered no advice to Diaz whatsoever and was as Judge Teague described simply a “warm body.” In Diaz, petitioner’s contention that he was denied the effective assistance of counsel was found to be “without merit.”
The decision in the case at bar and the decision in Diaz are irreconcilable. I believe Diaz should be overruled.
I concur in the result reached by today’s majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9777325. Public record. Not legal advice.