George W. Brown, Jr. v. State
02-16-00271-CR
Tex. App.Apr 27, 2017Background
- Appellant George W. Brown, Jr. pled open and opted for a jury to assess punishment after pleading guilty to evading arrest with a vehicle, enhanced by a prior felony; exposure was 2–20 years and up to $10,000 fine.
- The offense arose from a high-speed, ~30-minute pursuit in January 2016; multiple warrants and prior felony convictions existed in the preceding nine years.
- At punishment, Brown testified and presented five character witnesses who acknowledged his past but testified he had changed.
- One character witness, Sharla Dyer, had prior drug and theft convictions; the State’s cross-examination highlighted two theft convictions.
- Brown argues on direct appeal that trial counsel was ineffective for failing to object to the State’s impeachment questions about Dyer’s theft convictions; the jury assessed 16 years and a $5,000 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not objecting to impeachment of a character witness | Brown: counsel’s failure to object to the State’s questions about Dyer’s theft convictions was deficient and prejudicial | State: the record does not show counsel was deficient; strategic reasons may exist and Brown failed to show prejudice | Court: Affirmed — Brown failed to meet Strickland’s first prong; record does not affirmatively show deficient performance |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance test)
- Nava v. State, 415 S.W.3d 289 (appellate review is highly deferential; ineffective claims rarely resolved on direct appeal)
- Menefield v. State, 363 S.W.3d 591 (direct appeal ordinarily inadequate for ineffective-assistance claims; counsel should be afforded chance to explain)
- Thompson v. State, 9 S.W.3d 808 (record must affirmatively demonstrate ineffectiveness)
- Mata v. State, 226 S.W.3d 425 (cannot infer ineffectiveness from unclear record)
- Hernandez v. State, 988 S.W.2d 770 (same standard for proving ineffective assistance)
- Adetomiwa v. State, 421 S.W.3d 922 (cited regarding statutory framework for evading-arrest enhancement)
