History
  • No items yet
midpage
Michael Oduro Kwarteng v. State
01-13-00909-CR
| Tex. App. | Jan 30, 2015
Read the full case

Background

  • Appellant Michael Oduro Kwarteng pleaded guilty to two counts of aggravated assault (one with a deadly weapon; one causing serious bodily injury) after shooting a woman and a 14‑year‑old boy; he turned himself in hours later.
  • Pleas and sentencing were unagreed; the trial court ordered a PSI and sentenced Kwarteng to 10 years’ imprisonment on each count, concurrent.
  • Kwarteng signed written admonishments and a written judicial confession; he waived jury trial and confrontation and stipulated to proof of every element under Tex. Code Crim. Proc. art. 1.15.
  • No pretrial suppression or quash motions were filed; a motion to substitute counsel was granted and motions for community supervision were filed.
  • No competency issue was raised in the trial court; the plea documents state Kwarteng was mentally competent and pleaded freely and voluntarily.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of indictments Indictments track statutory elements for aggravated assault Kwarteng did not move to quash; no challenge preserved Indictments sufficient
Compliance with plea admonishments (Art. 26.13 / Padilla) Court provided written admonishments; Kwarteng is a U.S. citizen so Padilla not implicated Kwarteng does not argue inadequate admonishments Admonishments complied with art. 26.13; Padilla inapplicable
Competency to plead Trial record and plea form show Kwarteng was competent and understood proceedings No competency claim raised at trial No basis to find incompetency; Dusky standard met on record
Voluntariness of plea / evidence to support plea Written confession and stipulation contain required elements; plea waiver valid under art. 1.15 Kwarteng did not assert plea involuntariness Plea presumed knowing and voluntary; sufficient evidence supported plea
Sentencing range & judgment accuracy Sentence of 10 years per count is within second‑degree felony range; judgments reflect imposed sentences and credit for time served No challenge to sentencing range or judgments Sentences lawful and judgments accurate
Ineffective assistance / fundamental error Record review shows no preserved errors or fundamental defects; no objections at sentencing Kwarteng did not present specific complaints No non‑frivolous ineffective‑assistance or fundamental‑error claims identified

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when appellate counsel seeks to withdraw for frivolous appeal)
  • Dusky v. United States, 362 U.S. 402 (U.S. 1960) (standard for competency to stand trial)
  • Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (counsel’s advice re: immigration consequences of plea)
  • Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (Anders brief content requirements on appeal)
  • Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (sufficiency of evidence to support guilty plea under art. 1.15)
Read the full case

Case Details

Case Name: Michael Oduro Kwarteng v. State
Court Name: Court of Appeals of Texas
Date Published: Jan 30, 2015
Docket Number: 01-13-00909-CR
Court Abbreviation: Tex. App.