Humberto Martinez-Benitez v. State
02-14-00440-CR
| Tex. App. | Dec 17, 2015Background
- Appellant Humberto Martinez-Benitez pleaded guilty to murder for shooting his cousin Jacob; jury assessed punishment at 90 years.
- Police found a loaded firearm under the passenger seat after stopping Appellant's vehicle shortly after the shooting.
- Appellant made inculpatory statements and entered an open plea of guilty to the offense as alleged in the indictment.
- The judgment included an affirmative deadly-weapon finding: "Yes, a Firearm."
- Appellant appealed, challenging (1) the validity of the deadly-weapon finding and (2) ineffective assistance of trial counsel for (a) allegedly inviting a long sentence and (b) failing to assert self-defense.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of deadly-weapon finding | Indictment did not expressly call the firearm a "deadly weapon" and punishment charge/ verdict did not incorporate the indictment | Appellant pled guilty to the indictment alleging shooting with a firearm (a per se deadly weapon); judicial confession supports finding | Affirmed — guilty plea to indictment that alleged shooting with a firearm supports an affirmative deadly-weapon finding |
| Counsel ineffective for "inviting" long sentence | Trial counsel invited jury to impose lengthy confinement to protect Appellant from a drug trafficker (prosecutor remark) | Counsel argued for a lower sentence; prosecutor’s remark does not show counsel’s deficiency | Overruled — record does not show deficient performance |
| Counsel ineffective for not asserting self-defense | Counsel should have argued self-defense based on evidence Jacob was "coming at" Appellant and Appellant’s fear of a cartel relative | Trial record lacks explanation from counsel about strategy; no developed record to show deficiency or prejudice | Overruled — appellate record undeveloped; cannot infer deficient performance |
Key Cases Cited
- Ex parte Huskins, 176 S.W.3d 818 (Tex. Crim. App. 2005) (guilty plea to indictment including deadly-conduct allegation supports deadly-weapon finding)
- Ex parte Campbell, 716 S.W.2d 523 (Tex. Crim. App. 1986) (indictment charging murder by shooting with a handgun supports deadly-weapon finding)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Menefield v. State, 363 S.W.3d 591 (Tex. Crim. App. 2012) (direct appeal usually inadequate vehicle for ineffective-assistance claims; counsel should be given chance to explain)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (ineffective-assistance claims must be firmly founded in the record)