Roberson, Crystal Yvette
WR-34,388-13
Tex.Dec 8, 2015Background
- Applicant Crystal Y. Roberson was convicted by a jury in Harris County (Cause No. 1259653) of aggravated assault with a deadly weapon and sentenced to 30 years' imprisonment. The presiding judge made an affirmative deadly-weapon finding and a family-member finding at sentencing.
- The First Court of Appeals affirmed; the Texas Court of Criminal Appeals (TCCA) granted review and later affirmed the conviction. Mandate issued December 17, 2013.
- Roberson filed a post-conviction application for writ of habeas corpus (art. 11.07) in 2015; two earlier post-conviction filings were dismissed as prematurely filed while the appeal was pending.
- In her instant writ Roberson claimed (1) lack of subject-matter jurisdiction because the offense was a misdemeanor, (2) improper deadly-weapon finding, (3) no evidence of a family-violence prior conviction, and (4) ineffective assistance of trial counsel for failing to object, move to dismiss for lack of jurisdiction, and investigate.
- The State answered, denied factual allegations not in the record, and submitted proposed findings concluding no controverted material facts warrant an evidentiary hearing and recommending denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction: whether conviction was for a felony or misdemeanor | Roberson: trial court lacked subject-matter jurisdiction because offense was a misdemeanor | State: charged and convicted of felony aggravated assault under Tex. Penal Code §22.02(b) | Court: jurisdiction proper; offense was a felony and claim meritless |
| Deadly-weapon finding | Roberson: trial court erred by entering affirmative deadly-weapon finding | State: deadly-weapon allegation was in the indictment and the judge made an affirmative finding; such claims belong on direct appeal | Court: claim meritless on habeas; should have been raised on direct appeal (deny) |
| Sufficiency/no-evidence regarding family-violence prior | Roberson: State produced no evidence / judgment of prior family-violence conviction | State: no element requiring prior family-violence conviction for aggravated assault; reporter's record shows stabbing supporting conviction | Court: sufficiency challenges not cognizable on post-conviction habeas; claim denied |
| Ineffective assistance of counsel (failure to object, move to dismiss, investigate) | Roberson: Burton failed to object at trial, failed to move to dismiss for lack of jurisdiction, and failed to investigate charging instrument/evidence | State: record shows multiple objections by counsel; counsel moved for judgment of acquittal; Roberson did not show what investigation would have revealed or that outcome would differ; Strickland standard not met | Court: counsel’s performance not shown deficient nor prejudicial; ineffective-assistance claims denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing two-part ineffective-assistance standard)
- Ex parte Nelson, 137 S.W.3d 666 (Tex. Crim. App. 2004) (improper deadly-weapon findings should be raised on direct appeal)
- Ex parte Easter, 615 S.W.2d 719 (Tex. Crim. App. 1981) (challenges to sufficiency of evidence not cognizable on post-conviction habeas)
- Ex parte White, 160 S.W.3d 46 (Tex. Crim. App. 2004) (to show ineffective assistance for failure to object, applicant must show the objection would have been meritorious)
- Mitchell v. State, 68 S.W.3d 640 (Tex. Crim. App. 2002) (ineffective-assistance proof burden and standards)
- Narvaiz v. State, 840 S.W.2d 415 (Tex. Crim. App. 1992) (adopting Strickland standard in Texas)
- Mooney v. State, 817 S.W.2d 693 (Tex. Crim. App. 1991) (counsel-failure-to-investigate claims require showing what further investigation would have produced)