Adedji Olalincoln Adekeye v. State
437 S.W.3d 62
Tex. App.2014Background
- Appellant was convicted of attempted aggravated robbery and unlawful possession of a weapon, with punishment assessed at 35 years and 10 years respectively.
- The scene was a hair salon in a largely empty shopping center; the salon owner observed a suspicious woman and a white SUV with two male occupants.
- The heavier male displayed a handgun and wore gloves; he attempted to exit the SUV with a bag as a potential robbery was anticipated.
- Police pursued the SUV; the two male passengers fled, discarding a handgun, mask, gloves, and a bag; the bald heavyset man was found hiding at a dump truck site.
- The salon owner identified the bald, heavyset man in court as the male who exhibited the gun, and the driver with an unkempt wig was identified as appellant’s girlfriend; appellant’s mother (the sole defense witness) testified she was the girlfriend.
- Appellant’s sole defense witness also connected a third party to the other passenger; the slender male passenger was never apprehended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves attempted aggravated robbery beyond a reasonable doubt | Adekeye argues there was no specific intent to target the salon and actions were only preparatory | Adekeye contends conduct did not rise above mere preparation | Evidence supported the conviction |
| Whether counsel rendered ineffective assistance under Strickland | Adekeye claims multiple failures by counsel deprived him of a fair trial | Adekeye asserts deficient performance and prejudice across several trial decisions | No reversible error; claims fail on prejudice or strategy grounds |
| Whether failure to sever charges was ineffective assistance or strategic error | Adekeye claims severance would have avoided prejudice from related charges | Counsel strategically chose to try offenses together to avoid double jeopardy and sentencing issues | No error; strategy reasonable given punishment scheme |
| Whether trial counsel’s handling of prior conviction and related disclosures was deficient | Adekeye argues unnecessary or prejudicial disclosure of prior felony hurt his case | Counsel’s strategy to discuss the conviction was permissible and not prejudicial given strong guilt evidence | No reversible error; no prejudice shown |
Key Cases Cited
- Temple v. State, 390 S.W.3d 341 (Tex.Crim.App.2013) (legal sufficiency standard for review of evidence)
- Williams v. State, 235 S.W.3d 742 (Tex.Crim.App.2007) (credibility and weight resolved in verdict; review limits)
- Wesbrook v. State, 29 S.W.3d 103 (Tex.Crim.App.2000) (jury credibility and weight issuesResolve in favor of verdict)
- Clayton v. State, 235 S.W.3d 772 (Tex.Crim.App.2007) (consideration of direct and circumstantial evidence in sufficiency review)
- Flournoy v. State, 668 S.W.2d 380 (Tex.Crim.App.1984) (imaginary line between mere preparation and criminal act in attempt)
- Sorce v. State, 786 S.W.2d 851 (Tex.App.-Houston [14th Dist.] 1987) (case on attempt vs. preparation benchmarks)
- Hackbarth v. State, 617 S.W.2d 944 (Tex.Crim.App.[Panel Op.]1981) (outline of attempt standards and flight evidence)
- Godsey v. State, 719 S.W.2d 578 (Tex.Crim.App.1986) (illustrates last proximate act in attempt context)
- Geesa v. State, 820 S.W.2d 154 (Tex.Crim.App.1991) (limits on burdens of proof in circumstantial cases)
- Old Chief v. United States, 519 U.S. 172 (U.S.201) (admission of prior conviction and related prejudice rules)
