John Dennis Clayton Anthony v. State
457 S.W.3d 548
| Tex. App. | 2015Background
- Appellant John Anthony pleaded guilty (Jan 14, 2009) to aggravated sexual assault of a child and received an eight-year deferred-adjudication community supervision recommendation. The victim was three years old.
- The alleged offense occurred Sept. 11, 2008, making the offense punishable under Tex. Penal Code § 22.021(f)(1) (minimum 25 years imprisonment for victim under six).
- In 2007 the Legislature amended Tex. Code Crim. Proc. art. 42.12 to bar deferred adjudication for offenses punishable under § 22.021(f); the amendment applied to offenses committed after Sept. 1, 2007.
- The State later moved to adjudicate (Feb. 15, 2013); Anthony admitted violations, the trial court adjudicated guilt and sentenced him to life.
- The State conceded the original deferred-adjudication disposition was outside the court’s statutory authority because the offense carried a minimum term exceeding ten years; Anthony appealed, asserting his plea was involuntary and counsel ineffective.
- The court found trial counsel gave incorrect legal advice (and prosecutor and judge acquiesced), inducing a plea based on an unavailable deferred-adjudication benefit, and reversed to allow withdrawal of the plea.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether plea was involuntary because it was based on belief in eligibility for deferred adjudication | Anthony: plea not knowing/voluntary because he relied on promise of deferred adjudication | State: deferred-adjudication order not illegal or error waived for lack of timely objection | Not addressed on merits after court resolved ineffective-assistance claim; involuntariness discussed but unnecessary to decide separately |
| Whether trial court erred by entering an order contrary to art. 42.12 §5(d)(3)(B) (placing defendant on deferred adjudication when statutorily barred) | Anthony: original order illegal and affected plea choice | State: order valid or error waived by failure to object/appeal earlier | Court recognized the order was unauthorized but remanded on ineffective-assistance grounds rather than resolving waiver issue |
| Whether counsel’s incorrect advice about eligibility for deferred adjudication constituted ineffective assistance of counsel | Anthony: counsel misadvised him about eligibility and punishment range, inducing plea | State: counsel was effective; any error harmless | Held for Anthony: counsel’s performance was deficient and prejudicial under Strickland; plea withdrawal ordered |
| Remedy: withdrawal of plea and remand | Anthony: withdraw plea and be restored to pre-plea status | State: likely opposes reversal or argues procedural bars | Court reversed, ordered remand, allowed plea withdrawal, and directed issuance of bench warrant as needed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
- Hill v. Lockhart, 474 U.S. 52 (applying Strickland to guilty-plea prejudice inquiry)
- McMann v. Richardson, 397 U.S. 759 (right to effective assistance of counsel)
- McCarthy v. United States, 394 U.S. 459 (requirements for voluntary, intelligent guilty plea)
- Ex parte Mable, 443 S.W.3d 129 (Texas standard on voluntariness and understanding law relative to facts)