Steven Ifeoluwa Adetomiwa, Jr. A/K/A Steven Ifeoluwn Adetomiwa, Jr. v. State
2014 Tex. App. LEXIS 1039
| Tex. App. | 2014Background
- Adetomiwa, Jr. appeals convictions for theft from a person and evading arrest with a vehicle.
- He was 17 at the time of the October 17, 2011 offense and deferred adjudication for evading arrest with a vehicle.
- The State filed petitions to adjudicate in both cases; true findings led to adjudication and new sentences.
- In the evading arrest case, he pleaded true to allegations and received a five-year sentence.
- In the theft case, he pled guilty to theft from a person and received fifteen months.
- He timely moved for new trials arguing pleas were involuntary due to counsel’s statements; motions were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evading arrest conviction void for improper punishment scheme? | Adetomiwa | Adetomiwa | No; law harmonized; third-degree felony applies; valid sentence. |
| Was the denial of the new-trial portions improper? | Adetomiwa | Adetomiwa | No; within trial court’s discretion; rulings supported by record. |
| Did the trial court abuse its discretion in denying punishment modification? | Adetomiwa | Adetomiwa | No; within statutory range and the court’s broad discretion. |
| Did the record support affirmance of both judgments? | Adetomiwa | Adetomiwa | Yes; judgments affirmed. |
Key Cases Cited
- Hirsch v. State, 282 S.W.3d 196 (Tex. App. Fort Worth 2009) (statutory construction de novo review)
- Okonkwo v. State, 398 S.W.3d 689 (Tex. Crim. App. 2013) (abuse of discretion standard; deference to findings)
- Riley v. State, 378 S.W.3d 453 (Tex. Crim. App. 2012) (deference to trial court credibility determinations)
- Ex parte Chavez, 213 S.W.3d 320 (Tex. Crim. App. 2006) (unfettered discretion within statutory ranges)
- Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App. 1996) (re-enactment and harmonization of amendments)