Opinion
No. 05-14-01378-CR
01-28-2016
LEONARD MEJIA HERNANDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-82961-2013
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Stoddart
A jury convicted Leonard Hernandez of sexual assault of a child and the trial court sentenced him to sixteen years' confinement. In a single issue, Hernandez argues he suffered ineffective assistance of counsel. We affirm the trial court's judgment.
To successfully assert an ineffective assistance of counsel challenge on direct appeal, an appellant must show that (1) counsel's representation fell below an objective standard of reasonableness and (2) the deficient performance prejudiced him; that is, but for the deficiency, there is a reasonable probability that the result of the proceeding would have been different. See Andrews v. State, 159 S.W.3d 98, 101 (Tex. Crim. App. 2005). An ineffective assistance of counsel claim must be "firmly founded in the record," and the record must "affirmatively demonstrate" the claim has merit. Goodspeed v. State, 187 S.W.3d 390, 392 (Tex. Crim. App. 2005). Hernandez has the burden of proving ineffective assistance of counsel by a preponderance of the evidence. Thompson v. State, 9 S.W.3d 808, 813 (Tex. Crim. App. 1999). Failure to make the required showing of either deficient performance or sufficient prejudice defeats an ineffective assistance claim. See Andrews, 159 S.W.3d at 101.
Hernandez asserts he suffered ineffective assistance of counsel because his lawyer failed to convey a plea bargain offer to him. Prior to voir dire, the following exchange occurred on the record:
[Defense Counsel]: You know they offered you 12 years. We talked about that?
[Hernandez]: No, we don't [sic] talk about it.
[Defense Counsel]: Huh?
[Hernandez]: You never - - we never - -you never talked to me about stuff like that.
THE COURT: Would you like to take time to go into the attorney conference room?
[Defense Counsel]: Sure.
. . .
THE COURT: We're back on the record.
. . .
[Defense Counsel]: Mr. Hernandez, you're saying that you don't remember we talked about the State's offer of 12 years?
[Hernandez]: We never talked about that.
[Defense Counsel]: Okay. I remember it differently, but that's not important now. You told me you would never plead to anything on this these [sic] cases; is that right?
[Hernandez]: Yes.
[Defense Counsel]: I mean, the State could offer you 30 minutes in jail and you wouldn't say you're guilty of this?
[Hernandez]: Yes.
[Defense Counsel]: Am I right on that?
[Hernandez]: You are right on that.
. . .
[Defense Counsel]: . . . Do you want - - do you want to plead to anything if the State offers it to you?
[Hernandez]: No.
Even if we assume counsel's performance fell below the reasonableness standard, based on this record, Hernandez failed to meet his burden and show he was prejudiced by the alleged error. The record shows Hernandez refused to consider entering into a plea and his counsel understood his position. Even if we assume trial counsel failed to communicate a plea offer to Hernandez, Hernandez did not show he was harmed. Any plea that would have been conveyed to him would have been rejected. Because Hernandez cannot show there is a reasonable probability that the result of the proceeding would have been different if his counsel had notified him of a plea offer, Hernandez has not met his burden. See id. We overrule Hernandez's sole issue.
We affirm the trial court's judgment.
/Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
141378F.U05
JUDGMENT
On Appeal from the 416th Judicial District Court, Collin County, Texas
Trial Court Cause No. 416-82961-2013.
Opinion delivered by Justice Stoddart. Justices Francis and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 28th day of January, 2016.