The jury found appellant guilty.Īfter trial, appellate counsel filed a motion for new trial alleging that trial counsel Patrick Ruzzo rendered ineffective assistance because he failed to conduct an investigation that would have revealed a video showing Singh's failure to pick appellant's picture from a photo spread. He also made an in-court identification, implicating appellant as one of the two robbers. Singh testified that he was "sure" about the show-up identification. Among other evidence the State presented at trial, Deputy Alejandro Adames testified that Singh positively identified appellant during a show-up identification. Later that day, Deputy Craig Berry of the Harris County Sheriff's Office apprehended appellant and codefendant DeAndre Parker and brought them back to the scene of the crime. The robbers fled with the money from the cash register.
One of the robbers, with his face exposed at first, pointed a gun at Singh and demanded all the money. on December 26, 2009, two men entered the convenience store of a Shell gas station where Sonny Singh worked. Appellant challenges his conviction on the single ground that the trial court abused its discretion by denying the motion for new trial. Appellant moved *593 for a new trial based on an allegation of ineffective assistance of counsel, and the trial court denied the motion after holding an evidentiary hearing. Panel consists of Justices FROST, JAMISON, and McCALLY.Ī jury convicted appellant Tommy Javone Seamster of one count of aggravated robbery and assessed punishment at twenty years' imprisonment. 344 S.W.3d 592(2011) Tommy Javone SEAMSTER, Appellant,
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