Amanda Ann Cantrell v. State
06-17-00122-CR
| Tex. App. | Nov 7, 2017Background
- Amanda Cantrell pled guilty pursuant to a stipulation of evidence to DWI (second offense); the trial court found her guilty and assessed 340 days jail and a $100 fine.
- During punishment, the State introduced certified judgments of seventeen prior convictions (State’s Exhibits 2–18) without objection.
- State’s Exhibit 3 was a 1998 misdemeanor theft judgment that, on its face, indicated Cantrell was not represented by counsel and did not waive counsel; some related waiver/attorney signature lines were blank or unsigned.
- Cantrell appealed, arguing trial counsel was ineffective for failing to object to admission of the 1998 conviction as an enhancement because she had not shown a voluntary, knowing, intelligent waiver of counsel in that prior case.
- The Court of Appeals applied the Strickland two‑prong test and Texas precedent requiring the appellant to prove ineffective assistance by a preponderance and to overcome the presumption of reasonable trial strategy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not objecting to admission of a prior misdemeanor conviction (State’s Ex. 3) used for enhancement | Cantrell: counsel erred by failing to object because the 1998 judgment shows no counsel and no valid waiver, so it should not enhance punishment | State: trial record is silent on counsel’s reasons; absent record evidence, presumption of reasonable strategy stands; appellant bears burden to prove ineffective assistance | Court: No ineffective assistance shown—record silent as to counsel’s reasons, so Cantrell failed to meet Strickland first prong and the claim fails |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective‑assistance test)
- Ex parte Martinez, 330 S.W.3d 891 (Tex. Crim. App.) (presumption of reasonable strategy; burden to prove ineffectiveness)
- Robertson v. State, 187 S.W.3d 475 (Tex. Crim. App.) (effective assistance does not guarantee errorless counsel)
- Mata v. State, 226 S.W.3d 425 (Tex. Crim. App.) (appellate record silence fails to overcome presumption counsel acted reasonably)
- Disheroon v. State, 687 S.W.2d 332 (Tex. Crim. App.) (burden to prove prior misdemeanor enhancement was not knowingly and intelligently waived)