Jonathan Walker v. the State of Texas
04-24-00315-CR
| Tex. App. | Jul 2, 2025Background
- Jonathan Walker pled no contest to nine counts related to sexual offenses involving a child in Bexar County, Texas.
- The trial court sentenced Walker to fifteen years imprisonment and assessed $530.00 in court costs for each conviction, totaling $4,770.00.
- Walker's attorney requested several continuances; the third was partially denied after the State disclosed new witnesses shortly before trial.
- After a short continuance to investigate the new witnesses, Walker changed his plea to no contest, accepting the State's sentencing offer.
- On appeal, Walker challenged the multiple assessments of court costs and alleged ineffective assistance of counsel for failure to file a motion for new trial regarding the denied continuance.
Issues
| Issue | Walker's Argument | State's Argument | Held |
|---|---|---|---|
| Multiple Court Costs Assessed | Court costs should be assessed only once in a single criminal action. | Agreed; concedes error under the law. | Error; court costs should be assessed only once. |
| Ineffective Assistance (no motion for new trial) | Counsel was ineffective for failing to file a motion for new trial on denied continuance. | Counsel was not ineffective; argument unsupported by authority, and record not developed. | No deficiency shown; strong presumption of reasonableness. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong test for ineffective assistance of counsel)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (clarifies objective standard of reasonableness for counsel performance)
- Lopez v. State, 343 S.W.3d 137 (Tex. Crim. App. 2011) (discusses deference to counsel's professional judgment)
- Robertson v. State, 187 S.W.3d 475 (Tex. Crim. App. 2006) (strong presumption of reasonable professional assistance)
- Menefield v. State, 363 S.W.3d 591 (Tex. Crim. App. 2012) (record must support ineffective assistance claim)
