Nathaniel Scott Allan v. State
05-13-01260-CR
| Tex. App. | Apr 20, 2015Background
- Appellant Nathaniel Scott Allan was tried for DWI (second offense) after a 2010 arrest; jury found him guilty at a trial beginning August 5, 2013.
- At a pretrial arraignment on August 1, 2013, the State announced a new plea offer; Allan’s lead counsel was absent and a substitute attorney attended.
- The court allowed a brief recess for the State to convey the offer; after the recess the State announced the parties would proceed to trial and later read the offer into the record.
- After conviction, the parties initially reached an agreed punishment of 45 days, but the court rejected that after a positive drug test and ultimately imposed 365 days in jail, probated 18 months, and a $1,000 fine.
- Allan filed a motion for new trial (with an attached affidavit) and appealed after the trial court denied the motion without a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a hearing on Allan's motion for new trial | Allan contends he timely filed the motion and was entitled to an evidentiary hearing on allegations (e.g., ineffective assistance) in his affidavit | State argues Allan failed to properly present the motion for hearing and record lacks proof of presentment or request for a setting | Court held Allan failed to show presentment/notice for a hearing; no abuse of discretion (issue overruled) |
| Whether counsel was ineffective for failing to timely convey the State's plea offer | Allan contends counsel did not timely communicate the plea offer, forcing him to go to trial and losing an opportunity to accept a plea | State argues the record is inadequate to show deficient performance or prejudice; affidavit was not introduced at a hearing and record is silent on critical facts | Court held record fails to show deficient performance or prejudice; ineffective-assistance claim fails (issue overruled) |
Key Cases Cited
- Smith v. State, 286 S.W.3d 333 (Tex. Crim. App.) (standard of review for denial of new-trial hearing)
- Hobbs v. State, 298 S.W.3d 193 (Tex. Crim. App.) (no absolute right to new-trial hearing; when hearing required)
- Gardner v. State, 306 S.W.3d 274 (Tex. Crim. App.) (presentment must be apparent from the record)
- Strickland v. Washington, 466 U.S. 668 (U.S.) (two-pronged test for ineffective assistance)
- Lopez v. State, 343 S.W.3d 137 (Tex. Crim. App.) (appellant bears burden to prove ineffective assistance)