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Woods v. State

As part of counsel's obligation to render effective assistance, defense counsel was required to request the court-appointed assistance of a mental health expert.

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OPINION

Otis Don Woods was convicted of attempted sexual assault. His punishment, enhanced by prior convictions, was set at thirty years’ confinement. Woods pleaded guilty to the charge and true to the two enhancement paragraphs, pursuant to a plea bargaining agreement with the State. The trial court assessed the punishment recommended in the plea bargaining agreement. One of the documents signed by Woods and his counsel in connection with the plea bargain was a “Waiver of Appeal,” which contains in capital letters “I HEREBY WAIVE ANY AND ALL RIGHTS TO APPEAL THIS CASE.”

Woods filed a pro se notice of appeal and a motion to withdraw his guilty plea, raising issues as to his mental capacity at the time of trial and at the time of the offense. The court appointed an attorney for Woods on appeal. Counsel then filed an amended notice of appeal, alleging that the appeal was for jurisdictional defects, challenging the voluntariness of the guilty plea, and challenging the written pretrial order that Woods was competent to stand trial.

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