Vincent Alonzo Corson v. State
03-15-00054-CR
Tex. App.Mar 27, 2015Background
- Vincent Alonzo Corson pleaded guilty (open pleas) and received deferred adjudication and community supervision on a state‑jail child endangerment charge; later the State filed a motion to adjudicate based on three new felony offenses (aggravated assault, aggravated kidnapping, burglary of a habitation).
- At a consolidated hearing (Aug 26, 2014) Corson pleaded “true” to the adjudication motion and pleaded guilty to the three new felonies; the trial court adjudicated guilt and later sentenced him (concurrent terms: 2 years; 20 years; 40 years; 40 years) with deadly‑weapon findings.
- Corson filed a motion to withdraw his pleas based on medical records and asserted mental‑health/competency issues; the trial court denied the motion after hearing and relying in part on a court‑appointed examiner’s report finding no incompetency.
- Appellate counsel reviewed the record under Anders procedures, concluded there were no non‑frivolous appellate issues, and filed an Anders brief plus motions to withdraw; Corson was notified of his right to file a pro se response and to obtain the appellate record.
- The record includes plea admonitions, written stipulations/judicial confessions, victim testimony at punishment, medical records, and a competency evaluation (Dr. Pugliese). Appellate counsel evaluated typical Anders checkpoints (indictment sufficiency, pretrial rulings, 26.13 admonishments, competency, voluntariness of pleas, adequacy of evidence to support pleas/adjudication, and ineffective assistance claims).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Corson) | Held |
|---|---|---|---|
| 1) Sufficiency of indictments/charging instruments | Indictments tracked statutory elements and met art. 21.02 requisites | Indictments were defective (implicit argument to seek reversal) | Indictments were sufficient; no jurisdictional defect found |
| 2) Voluntariness of pleas & competency to plead | Pleas were knowingly and properly admonished; competency exam found no incompetency | Pleas involuntary; competency/mental‑health (TBI, PTSD) impeded valid plea; moved to withdraw pleas | Trial court properly admonished; competency exam and record support voluntariness; motion to withdraw denied; appellate counsel finds no arguable error |
| 3) Sufficiency of evidence for adjudication of community supervision violations | State proved by preponderance (and defendant admitted to new offenses); one proven violation suffices for adjudication | Argues insufficient proof or infirmities under Dansby exception (if raised) | Evidence (judicial confessions, stipulations, victim testimony) supports adjudication; no reversible error identified |
| 4) Ineffective assistance of counsel | Counsel performed within professional norms; no record‑based showing of deficient performance or prejudice | Counsel ineffective for failures at adjudication/plea/withdrawal (asserted) | No record evidence of ineffective assistance; even if any errors existed, no reasonable probability of a different outcome given admissions and testimony |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requirements for counsel who seeks to withdraw on grounds that appeal is frivolous)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong ineffective‑assistance standard)
- Dansby v. State, 398 S.W.3d 233 (Tex. Crim. App. 2013) (limitations on proof necessary to adjudicate community supervision revocation)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (requirements for appellate counsel to provide the defendant access to the appellate record when filing an Anders brief)
- Mitchell v. State, 608 S.W.2d 226 (Tex. Crim. App. 1980) (motion to adjudicate sufficiency; notice requirements for adjudication motion)