Michael Oduro Kwarteng v. State
01-13-00909-CR
| Tex. App. | Jan 30, 2015Background
- 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)
