Justin Ray Holloway v. State
10-17-00023-CR
| Tex. App. | Nov 15, 2017Background
- Appellant Justin Ray Holloway was convicted of burglary of a habitation with intent to commit theft for entering a residence and removing a phone and computer photographs.
- Holloway requested a jury instruction on the lesser-included offense of criminal trespass; the trial court refused and convicted him of burglary.
- Holloway appealed, arguing (1) the trial court erred by not submitting criminal trespass as a lesser-included offense and (2) he received ineffective assistance of counsel for relying on an invalid defense and not presenting evidence of joint ownership of the alleged stolen items.
- The appellate court applied the Rousseau two‑step test for lesser-included offenses and the Meru decision regarding the difference between burglary entry and trespass full‑body entry.
- For ineffective-assistance review, the court applied Strickland's performance and prejudice standards and considered the trial record showing entry without consent and removal of property.
Issues
| Issue | Plaintiff's Argument (Holloway) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether criminal trespass was a required lesser‑included offense of burglary | Trespass should have been submitted because evidence could show only full‑body entry or lesser culpability | Indictment did not allege full‑body entry; trespass is not a lesser of burglary absent such pleading | Court held trespass is not a lesser‑included offense here; no charge error |
| Whether Holloway received ineffective assistance of counsel | Counsel relied on an invalid defense and failed to present joint‑ownership evidence, causing prejudice | Record uncontrovertedly showed nonconsensual entry and removal; Holloway cannot show a reasonable probability of a different outcome | Court held Holloway failed to prove prejudice (and did not meet Strickland burden) |
Key Cases Cited
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (two‑step test for lesser‑included offenses)
- Meru v. State, 414 S.W.3d 159 (Tex. Crim. App. 2013) (criminal trespass generally not a lesser of burglary because trespass requires full‑body entry)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (cognate‑pleadings approach for lesser‑included offenses)
- Feldman v. State, 71 S.W.3d 738 (Tex. Crim. App. 2002) (lesser‑included offense principles)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (review of jury charge errors)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (performance and prejudice test for ineffective assistance of counsel)