History
  • No items yet
midpage
02-12-00327-CR
Tex. App.
May 30, 2013
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Pedro Dominguez v. State
Court Name: Court of Appeals of Texas
Date Published: May 30, 2013
Citation: 02-12-00327-CR
Docket Number: 02-12-00327-CR
Court Abbreviation: Tex. App.
Log In
    Pedro Dominguez v. State, 02-12-00327-CR