Leonardo Cruz v. the State of Texas
06-24-00175-CR
| Tex. App. | Mar 17, 2025Background
- Leonardo Cruz was convicted in Bexar County of three counts of aggravated assault with a deadly weapon and one count of injury to a child, based on evidence he struck three children with a bat and one child with a paddle.
- He received twenty-year sentences for each aggravated assault and a ten-year sentence for the injury to a child.
- Cruz appealed his convictions, alleging he received ineffective assistance of counsel at trial.
- Specifically, Cruz argued his counsel failed to adequately cross-examine several witnesses presented by the State.
- On appeal, Cruz did not provide substantive analysis or supporting evidence regarding how these alleged failures prejudiced his case.
- The appellate record did not include evidence or argument showing the result of the proceeding would have been different but for counsel’s alleged errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel failed in cross-examination, resulting in prejudice | Counsel was effective or any errors were not prejudicial | Cruz failed to show prejudice; ineffective assistance claim denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes the two-prong test for ineffective assistance of counsel: deficiency and prejudice)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (explains direct appeal is typically insufficient for ineffective assistance cases)
- Jackson v. State, 877 S.W.2d 768 (Tex. Crim. App. 1994) (presumption of trial counsel competence)
- Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (requires case-by-case evaluation in ineffective assistance claims)