Roland I. Odom v. State
12-15-00151-CR
| Tex. App. | Aug 31, 2015Background
- Appellant Roland I. Odom was indicted on two counts of intoxication manslaughter after a head-on collision that killed two people; the indictment included a prior-felony enhancement raising punishment to first-degree range.
- The State amended the indictment to correct the offense date; the record contains no challenge to the grand jury or the amendment.
- Defense counsel filed multiple pretrial motions (discovery, suppression, motion to quash, motion in limine), but the record is silent as to rulings on those motions.
- On April 13, 2015, Odom entered a negotiated guilty plea and pleaded true to the enhancement; the trial court accepted the plea and imposed concurrent 20-year sentences per the plea agreement.
- The trial court signed a certification stating this was a plea-bargain case and the defendant had waived and had no right of appeal; appointed appellate counsel filed an Anders/Gainous brief concluding the appeal is frivolous and moved to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of indictment/grand jury | Indictment facially valid; amendment to date proper | Odom raised no challenge to grand jury composition or indictment | No error — indictment valid and amendment proper |
| Arraignment and waiver of rights | Waiver and arraignment complied with Art. 26.02; name and plea recorded | No contemporaneous objections; any defects waived | No reversible error found |
| Plea voluntariness and compliance with Art. 26.13 | Court substantially complied with admonishments; plea free and voluntary | Odom contends rights may have been affected but record shows counsel joined plea | Court found substantial compliance; plea accepted and judgment rendered |
| Ineffective assistance of counsel | Counsel argues no deficient performance; plea avoided worse outcomes (deadly-weapon finding, higher enhancement) | Odom could assert ineffective assistance but record lacks specific proof under Strickland/Garcia | No record-based showing of Strickland/Garcia prejudice or deficient performance; no reversible error identified |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedures when appellate counsel finds appeal frivolous)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (Texas analog for Anders procedure)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Garcia v. State, 57 S.W.3d 436 (Tex. Crim. App. 2001) (applying Strickland in Texas criminal appeals)