Background

• Aza killed two people in a drunk-driving accident after running a red light.
• The State charged her with two counts of intoxication manslaughter; she pled guilty to each without an agreed punishment recommendation.
• Trial court sentenced 15 years on each count, to run concurrently.
• Aza argues she received ineffective assistance of counsel for not moving to suppress the blood draw results showing intoxication.
• The court applies Strickland v. Washington, defers to trial counsel's strategy, and notes the record is underdeveloped and silent on counsel’s tactics.
• The court overrules the issue and affirms the judgment.

Issues

Key Cases Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes the standard for ineffective assistance)
• Hernandez v. State, 726 S.W.2d 53 (Tex. Crim. App. 1986) (deferential review of counsel performance)
• Jackson v. State, 877 S.W.2d 768 (Tex. Crim. App. 1994) (strong presumption of reasonable strategy)
• Goodspeed v. State, 187 S.W.3d 390 (Tex. Crim. App. 2005) (record must show outrageous conduct for ineffectiveness)
• Ex parte Welborn, 785 S.W.2d 391 (Tex. Crim. App. 1990) (isolation of conduct cannot prove ineffectiveness)
• Mata v. State, 226 S.W.3d 425 (Tex. Crim. App. 2007) (record must reflect defendant's claims)
• Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (ineffectiveness must be firmly founded in the record)
• Patrick v. State, 906 S.W.2d 481 (Tex. Crim. App. 1995) (counsel's errors must be outside the range of competent assistance)
• State v. Hardy, 963 S.W.2d 516 (Tex. Crim. App. 1997) (privacy and standing considerations for blood-draw)
• Tapp v. State, 108 S.W.3d 459 (Tex. App.—Hou. [14th Dist.] 2003) (medical context; possible lack of standing)
• Douds v. State, 434 S.W.3d 842 (Tex. App.—Hou. [14th Dist.] 2014) (blood-draw evidence inquiry; en banc discussion cited)