Geneva Doris Vasquez v. State
12-14-00283-CR
| Tex. App. | Mar 9, 2015Background
- Appellant Geneva Vasquez pled guilty to burglary of a habitation in 2014-0421 and to probation-violation in 2012-0039; sentencing occurred on August 29, 2014 with concurrent terms (2 years State Jail for credit card abuse and 15 years ID-TDCJ for burglary).
- The trial court issued pre-sentence investigation; a sentencing hearing followed; appellant admitted to violating probation and pled guilty to burglary.
- Rights advisements included an erroneous waiver of appellate rights in the plea admonishments, though later recertifications were filed and counsel appointed to pursue appeal.
- The appellate court granted recertifications of right to appeal in both causes after the court’s abatement/remand order, and appointed counsel for appeal.
- Appellant’s Anders brief asserts six issues, with the plan to withdraw and allow a pro se brief if necessary; issues center on probation-revocation discretion, waiver of appeal, voluntariness/admonishments, admission of exhibit, and proportionality of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probation revocation—abuse of discretion? | Vasquez argues the court abused discretion in revoking probation. | State asserts sufficiency of proof and standard of review support revocation. | No abuse; single-violation suffices; discretion lies with trial court. |
| Waiver of right to appeal on guilt/innocence? | Waiver of appeal was ineffective due to Delaney/Young standards and timing. | Waiver valid or harmless error? | Waiver ineffective; substantive rights to appeal preserved. |
| Voluntariness and proper admonishments for guilty plea? | Admonishments and waiver of appeal were flawed; plea may be involuntary. | Plea was voluntary; range-of-punishment admonitions given; substantial compliance. | Plea voluntary; any admonishment defects not reversible under standards cited. |
| Admission of State’s Exhibit One and trial objections? | Exhibit admitted without objection; potential error preserved by limited objection. | Trial court acted within discretion; objections not preserved. | No reversible error; admission within discretion. |
| Eighth Amendment challenge to sentence? | Sentence disproportionate to offenses; cruel/unusual punishment claim. | Sentence within statutory ranges; no preserved error. | No due-process violation; sentences within statutory bounds; error not preserved. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (establishes Anders procedure for frivolous-brief withdrawal)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
- Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) (probation-revocation standard of proof by preponderance of evidence)
- Dinkins v. State, 894 S.W.2d 330 (Tex. Crim. App. 1995) (preservation of evidentiary errors; standard on objections)
- Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App. 1996) (cruel and unusual punishment review framework; preserved issues)
