Robert Brice Daugherty v. State
06-15-00039-CR
| Tex. App. | Jul 15, 2015Background
- Robert Brice Daugherty was convicted in three consolidated Lamar County causes for methamphetamine offenses and sentenced as a habitual offender to concurrent life terms after pleading open to the court. Final judgments were signed Feb. 11, 2015; appeals filed Feb. 18, 2015.
- Daugherty’s sole appellate claim: ineffective assistance of counsel for alleged failure to communicate a 40‑year plea offer that he says he would have accepted.
- Pretrial record: at a Nov. 7, 2014 hearing, the prosecutor announced prior offers (starting at 50, went down to 40) and the court granted defense counsel’s motion to withdraw; Daugherty said he never heard of a 40‑year plea, but the judge told him to raise the issue with new counsel.
- At trial/punishment hearing, parties proceeded under an open plea; the court imposed life sentences. The appellate record contains no post‑trial motion for new trial or evidentiary hearing on the ineffective‑assistance claim.
- The State argues the record is silent as to counsel’s reasons, that statements at the Nov. 7 hearing indicate counsel was informed and a 15‑year counter‑offer was approved by Daugherty, and that Daugherty failed to satisfy the three‑part Argent/Frye prejudice test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to convey a 40‑year plea offer | Daugherty: counsel failed to inform him of a 40‑year offer; he would have accepted it, resulting in a lesser sentence | State: record is silent, trial counsel should be given opportunity to explain; statements show offer was communicated and a 15‑year counter was approved; no motion for new trial or hearing | Court should affirm: silent record and record statements do not overcome presumption of effective assistance; Daugherty failed Argent/Frye three‑part test |
| Whether prejudice is shown under the three‑part Argent/Frye test | Daugherty: reasonable probability he would have accepted the 40‑year offer, prosecution would not have withdrawn it, and court would have accepted it | State: evidence at Nov. 7 hearing and prosecutor email indicate the 40‑year offer was communicated and later removed after a 15‑year counter; no proof trial court would have accepted | Held for State: Daugherty failed to prove any of the three prongs; no reasonable probability of different outcome |
| Whether appellate review may resolve plea‑offer ineffective assistance claims on a silent record | Daugherty: appeals can evaluate claim based on existing record and his statements | State: appellate review requires statements of counsel, client, and trial court (ideally preserved through a hearing); without them, cannot show reasonable probability | Held: appellate review insufficient where record is silent and no hearing/motion for new trial was pursued |
Key Cases Cited
- Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013) (adopting three‑part test for prejudice when counsel fails to convey plea offers)
- Piland v. State, 453 S.W.3d 473 (Tex. App.—Texarkana 2014) (appellate application of Argent and holding reasonable probability assessment requires statements of counsel, client, and court)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance: deficiency and prejudice)
- Bone v. State, 77 S.W.3d 828 (Tex. Crim. App. 2002) (counsel ordinarily should be afforded opportunity to explain strategy before being condemned ineffective)
- Brennan v. State, 334 S.W.3d 64 (Tex. App.—Dallas 2009) (silent record generally does not overcome presumption of reasonable assistance)