Adrian Ramirez v. State
05-14-01432-CR
| Tex. App. | Nov 5, 2015Background
- Adrian Ramirez pleaded guilty to family-violence assault and received deferred adjudication with two years' community supervision and a $2,500 fine.
- While on deferred-adjudication probation, Ramirez was arrested after his wife reported he threatened her and their children with a knife; CPS investigator Cynthia Zavala testified about the wife’s call.
- The State moved to adjudicate guilt, alleging violations including aggravated assault with a deadly weapon, contact with the victim, unpaid court costs and fees, and failure to complete community service.
- At the adjudication hearing Ramirez pleaded not true; the court heard testimony from CPS and community supervision staff about payments and missed community service hours.
- The trial court found Ramirez violated the terms of community supervision (all alleged violations and the enhancement paragraph) and sentenced him to ten years’ imprisonment.
- Ramirez appealed, claiming ineffective assistance of counsel because trial counsel did not object to Zavala’s testimony recounting his wife’s statements (hearsay).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ramirez received ineffective assistance because counsel failed to object to Zavala’s testimony recounting the wife’s statement | Ramirez: Counsel was deficient for not objecting to hearsay; admission of the statement influenced the court’s findings and sentence | State: Record is silent on counsel’s strategy; even without that testimony the court relied on multiple violations and prior convictions, so no prejudice | Affirmed: No ineffective assistance — presumption of reasonable strategy unrebutted and no showing of a different outcome absent the testimony |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing two‑prong ineffective-assistance test)
- Thompson v. State, 9 S.W.3d 808 (trial counsel afforded opportunity to explain actions before being found ineffective)
- Menefield v. State, 363 S.W.3d 591 (presumption of reasonable trial strategy; appellate courts should hesitate to find deficiency without explanation)
- Trevino v. Thaler, 133 S. Ct. 1911 (difficulty of proving ineffective assistance on direct appeal when record lacks necessary information)
- Lopez v. State, 343 S.W.3d 137 (defendant must show reasonable probability that outcome would differ to prove prejudice)