Bell, Reginald Fritz
PD-0674-15
| Tex. App. | Jul 22, 2015Background
- Appellant Reginald Fritz Bell pleaded guilty and received 10 years deferred-adjudication community supervision for indecency with a child; State later filed a petition to adjudicate and Bell pleaded “true” to the alleged violations.
- At the adjudication and punishment hearing, the trial court adjudicated guilt and sentenced Bell to 15 years’ confinement.
- Bell appealed, raising multiple grounds in a petition for discretionary review: (1) lack of jurisdiction/defect of person, (2) improper venue, (3) ineffective assistance of counsel at the original plea, (4) ineffective assistance at the revocation/punishment hearing, and (5) that a prosecutor/intern (a law‑student) who participated was not authorized to practice.
- The Second Court of Appeals addressed Bell’s single preserved complaint on direct appeal: that a law‑student intern (Phillip Hall) questioned witnesses and argued closing without being shown to be a qualified law student.
- The appeals court held Bell failed to object at trial to Hall’s participation and therefore forfeited appellate review of that procedural claim; the court affirmed the trial court’s judgment of adjudication and sentence.
Issues
| Issue | Plaintiff's Argument (Bell) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Jurisdiction / personal‑jurisdiction defect | Trial court lacked personal jurisdiction because offense and Bell’s residence were in Dallas County, not Tarrant County | State did not expressly respond in appellate opinion; court treated issue as unpreserved | Not reached on merits in published opinion; appellate court affirmed for preserved issue only |
| Venue improper | Offense occurred in Grand Prairie (Dallas County); venue in Tarrant County was improper and state failed to prove venue | State did not raise or the court found no preserved complaint on venue | Not decided on merits in the memorandum opinion; claim advanced in petition but not resolved by court’s opinion |
| Ineffective assistance at original plea | Counsel failed to advise, was unresponsive, and induced involuntary plea; plea involuntary and subject to collateral review | State did not prevail on this claim in the opinion — claim was raised to PDR but not resolved in opinion | Not addressed on direct appeal; procedural avenues for raising plea‑based claims exist but not decided here |
| Law‑student intern participation | Trial court erred by allowing a law‑student intern to examine witnesses and argue without showing he was a qualified law student | Bell did not object at trial; State argues error was forfeited for appellate review | Held: Forfeited. Because Bell failed to object at trial, appellate court refused to review and affirmed the judgment |
Key Cases Cited
- Rodriguez v. State, 42 S.W.3d 181 (Tex. Crim. App.) (absence of jurisdiction renders actions void)
- Black v. State, 645 S.W.2d 789 (Tex. Crim. App.) (venue rules for sexual‑offense prosecutions)
- Cole v. State, 578 S.W.2d 127 (Tex. Crim. App.) (a plea of true to alleged community‑supervision violations can support revocation)
- Marbut v. State, 76 S.W.3d 742 (Tex. App.—Waco) (forfeiture of appellate review where defendant failed to timely object to procedural defects)