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Clement v. State

To prevail on his claim of ineffective assistance, appellant must demonstrate that his attorney's representation fell below a reasonable standard of effectiveness and that the deficient performance was so serious that it prejudiced his defense.

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OPINION

Thomas Clement was convicted of sexual performance by a child pursuant to Tex. Pen. Code Ann. � 43.25 (Vernon Supp. 2002). The offense involved a twelve-year-old girl. The jury sentenced Clement to twelve years’ confinement. Clement does not challenge the sufficiency of the evidence, but in three points of error, he contends that he received ineffective assistance of counsel, that he was improperly admonished of the dangers of self-representation, and that the trial court erroneously denied his motion to suppress evidence. For the reasons stated below, we overrule all of Clement’s points of error and affirm the judgment of the trial court.

We first address Clement’s point contending that the trial court erroneously denied his motion to suppress evidence. Clement argues that the search warrant was based on a probable cause affidavit that contained a deliberate and material misrepresentation by the affiant.

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