Mitzi Gail Allgor v. State, 12-15-00031-CR

Appellant Mitzi Gail Allgor was convicted by juries of Resisting Arrest (Class A misdemeanor) and Possession of Marijuana (Health & Safety Code Ann. §481.121) in Nacogdoches County, Texas.
On Oct 8, 2013, Officer Ayers observed Allgor driving erratically, leading to arrest attempts that uncovered marijuana and resistance by Allgor.
Evidence included marijuana in a bag, grinding of marijuana on the ground, and a car search revealing additional marijuana items; a DPS chemist confirmed marijuana.
At trial, the defense rested after cross-examination; the jury convicted on both counts on Nov 20, 2014; Allgor elected for the court to assess punishment.
Punishment hearings resulted in concurrent sentences: 240 days for Resisting Arrest and 120 days for Possession of Marijuana in the county jail; no Motion for New Trial was filed.
Allgor timely filed a notice of appeal; State filed a brief challenging Allgor’s ineffective-assistance claim, arguing deference to trial counsel and Strickland standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel ineffective under Strickland standards?	Allgor contends brief opening and voir dire objections harmed case	State contends no deficient performance; record supports strategy	No reversible error; Allgor failed to show deficient performance or prejudice

McFarland v. State, 845 S.W.2d 824 (Tex. Crim. App. 1992) (establishes two-prong Strickland test in noncapital cases, unless record shows otherwise)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
Ex parte Robinson, 639 S.W.2d 953 (Tex. Crim. App. 1982) (limits on inferring ineffective assistance from hindsight)
Cannon v. State, 668 S.W.2d 401 (Tex. Crim. App. 1984) (establishes burden of proof for ineffective assistance beyond mere conjecture)
Bohnet v. State, 938 S.W.2d 532 (Tex. App.—Austin 1997) (requires record support for claimed ineffective actions as trial strategy)