Orlando Salazar v. State
01-15-00365-CR
| Tex. App. | Jun 30, 2015Background
- Orlando Salazar challenged a 6-year confinement sentence following a 2008 aggravated assault in Tom Green County.
- Salazar had entered a guilty plea to one paragraph of the indictment under a deferred adjudication that was extended in 2012 for five years.
- On February 19, 2015, a hearing on the State's fifth amended motion to adjudicate occurred and Salazar pled not true to all allegations.
- The trial court adjudicated Salazar and sentenced him to six years in the Texas Department of Criminal Justice–Incarcerated Detention (TDCJ-ID).
- Salazar filed a pro se appeal, alleging deficient performance by counsel and numerous constitutional and due process violations.
- Salazar asserts procedural and substantive errors including lack of corpus delicti, Brady material nondisclosure, conflicts of interest, and color-of-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Corpus delicti and jurisdiction | Salazar argues corpus delicti was not proven and jurisdiction is lacking. | State contends proper prosecution and jurisdiction were established. | Not stated in excerpt. |
| Constitutional rights and due process | Salazar asserts multiple constitutional violations (Sixth, Eighth, Fourteenth) and due process denial. | State defends trial procedures as compliant with law. | Not stated in excerpt. |
| Ineffective assistance of counsel and Brady material | Salazar contends counsel was ineffective and Brady material was not disclosed. | State argues no Brady violation evidenced in record. | Not stated in excerpt. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. Supreme Court (1963)) (prosecutorial disclosure of exculpatory material required)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court (1984)) (standards for ineffective assistance of counsel)
- Pointer v. Texas, 380 U.S. 400 (U.S. Supreme Court (1965)) (confrontation and identification principles vouchsafed)
