Background

• Joe Polanco pleaded guilty (waived jury) to assault causing bodily injury and to insurance fraud pursuant to plea agreements; the court deferred adjudication and placed him on community supervision for assault and probated a state-jail sentence for fraud.
• The State later filed petitions to adjudicate/revoke, alleging Polanco violated multiple community-supervision conditions; three allegations were abandoned and Polanco pleaded true to eleven allegations.
• The trial court found the remaining allegations true, adjudicated Polanco guilty of assault, revoked probation in the insurance-fraud case, and assessed sentences (one year county jail for assault; two years state jail for insurance fraud).
• Polanco appealed, raising a single issue: ineffective assistance of counsel at the adjudication/revocation hearing based on alleged failure to investigate and prepare.
• The record showed counsel called two witnesses and argued for reinstatement of probation; Polanco did not raise ineffective-assistance claims in his motions for new trial, so counsel had no opportunity to explain trial strategy.
• The Court of Appeals affirmed, holding Polanco failed to prove deficient performance or prejudice, and the record did not overcome the presumption of reasonable assistance.

Issues

Key Cases Cited

• Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective-assistance test: deficient performance and prejudice)
• Menefield v. State, 363 S.W.3d 591 (ineffective-assistance claims must be firmly founded in the record; counsel should be afforded chance to explain)
• Rylander v. State, 101 S.W.3d 107 (silent record normally will not overcome presumption of reasonable assistance)
• Thompson v. State, 9 S.W.3d 808 (burden on appellant to prove ineffective assistance by preponderance)
• Freeman v. State, 125 S.W.3d 505 (failure to prove both deficient performance and prejudice defeats claim)