02-12-00327-CR
Tex. App.May 30, 2013Background
- Halloween party at the Collins residence for the Arlington ISD gymnastics team on Oct. 30, 2010; robbers entered with guns, forced guests to lie face down, and stole phones, jewelry, and other items, after which a father was assaulted.
- Police traced a stolen phone to Dominguez's apartment and recovered additional stolen items.
- A grand jury indicted Dominguez for burglary of a habitation and eleven counts of aggravated robbery with a deadly weapon.
- Dominguez pleaded guilty to burglary at trial’s outset but later pled not guilty; jurors convicted him of all offenses and the court sentenced him to 20 years for burglary and 99 years for each aggravated robbery.
- Dominguez argues his trial counsel was ineffective for advising him to plead guilty to burglary, claiming the mistake undermined his trial strategy; the State argues no reasonable probability of a different outcome.
- The appellate court rejected the claim, applying Strickland and Davis, and affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for advising guilty to burglary | Dominguez contends counsel’s mistaken advice undermined defense strategy | State contends no reasonable probability of different result | No reversible error; Strickland prejudice not shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes ineffective assistance standard and prejudice requirement)
- Davis v. State, 278 S.W.3d 346 (Tex. Crim. App. 2009) (applies Strickland prejudice standard in Texas)
