Mohsinuddin Jainwab Saiyed v. State
03-17-00106-CR
| Tex. App. | Jul 31, 2017Background
- Appellant Mohsinuddin Saiyed pleaded guilty to sexual assault of a child under 17 (second-degree felony) and elected an open plea on punishment; the court sentenced him to 17 years’ imprisonment.
- The trial court conducted a punishment hearing at which the victim (his stepdaughter) and her mother testified about the sexual acts, discovery of the victim’s pregnancy, the baby’s medical issues, and past domestic abuse by Saiyed.
- Saiyed admitted guilt at the hearing, expressed remorse, and acknowledged waiving rights when speaking to police.
- Court-appointed appellate counsel filed an Anders brief concluding the appeal was frivolous and moved to withdraw; counsel informed Saiyed of his rights and provided access to the record.
- Saiyed filed a pro se brief raising nine issues: multiple ineffective-assistance claims, challenges to witness credibility, an assertion that the mother consented, and an argument invoking the victim’s alleged promiscuity.
- The Court of Appeals reviewed the record, found the pro se issues frivolous, granted counsel’s motion to withdraw, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel (multiple claims about advice, plea negotiations, sentencing expectations) | Saiyed contends counsel misled him about likely sentence, referenced plea deals and ineligible "shock probation," and otherwise provided deficient advice | Trial record is silent as to counsel’s strategy; Saiyed failed to show deficient performance or prejudice required by Strickland | Court: Claims lack merit because record does not support deficient performance or prejudice; ineffective-assistance claim fails |
| Witness credibility (mother and victim testimony about abuse, disability, and vehicle condition) | Saiyed asserts M.S. and T.M. testified untruthfully about abuse, M.S.’s memory/disability, and car condition | Credibility determinations are for the factfinder (district court) and will not be reweighed on appeal | Court: Defer to trial court’s credibility findings; issues are not reversible |
| Alleged consent by the mother to the sexual acts | Saiyed contends M.S. was aware of and consented to the sexual acts | No record evidence or developed argument supporting consent claim | Court: Issue unsupported by record and inadequately briefed; fails under appellate rules |
| Victim’s alleged promiscuity as a defense | Saiyed invokes victim’s alleged promiscuity as exculpatory | The statutory “promiscuity defense” was repealed and is inapplicable to a sexual-assault-of-a-child offense | Court: Promiscuity defense not available; claim fails |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (standards for counsel seeking to withdraw when appellate claim is frivolous)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel: deficient performance and prejudice)
- Nowlin v. State, 473 S.W.3d 312 (Tex. Crim. App. 2015) (deference to factfinder on witness credibility)
- Garner v. State, 300 S.W.3d 763 (Tex. Crim. App. 2009) (standards regarding frivolous appeals and Anders procedure)