RESULTS: PDR Granted, Several Convictions Vacated

In January 2017, our client faced serious charges of Sexual Assault and Indecency by Contact in Taylor County, TX.

By June 2018, the complexity of the case increased when the State added two more counts of Sexual Assault to the indictment

We did not represent this client in his original prosecution. The trial that ensued on these charges didn’t go in our client’s favor, resulting in guilty verdicts across all counts and a collective sentence of 45, 45, 35, and 25 years to be served concurrently.

Appeal and Legal Maneuvering

Following the trial, (in which he was represented by another defense attorney) we swiftly filed a Motion for New Trial.

Although it was ultimately denied, it set the stage for our appeal to the 11th Court of Appeals in Eastland, TX. Our main argument centered on the ineffective assistance of his Trial Counsel, particularly their failure to object to the amended indictment – a crucial point that became a focal point of the ongoing appeal.

Despite the initial affirmation of the conviction by the 11th Court, we persevered, taking our fight to the Texas Court of Criminal Appeals (CCA) with a Petition for Discretionary Review (PDR) in October 2021.

The CCA saw merit in our arguments, granting the PDR and allowing us to fully brief the issues. This led to a reversal of the initial appellate decision and a remand to the 11th COA for a deeper analysis.

Results So Far

The result of our relentless legal battle came to fruition in July 2024, following an oral argument in May. The 11th COA recognized the ineffectiveness of his Trial Counsel for not objecting to the State’s amendment back in 2018, leading to the vacating of two of our client’s convictions.

Consequently, both 45-year sentences were nullified.

Benefits to the Client

• Reduction in their Sentence: Two vacated convictions mean our client no longer faces the additional 45-year sentences.
• Recognition of Ineffective Counsel: The acknowledgment of trial deficiencies by his original defense attorney opens further avenues for appeal and potential relief.
• Continued Advocacy: The ongoing appellate process allows us to persistently advocate for our client in the post-conviction arena, with plans to file a second PDR seeking further reductions or overturns of the remaining convictions.

Post-Conviction Appeal Still In Process

While our client continues to serve the 35 and 25-year sentences, our post-conviction legal team remains committed to exploring every possible avenue for obtaining justice and relief.

We’ll continue to update his appeal as we progress with a second PDR to the CCA and seek further remedies. We will continue to provide more future updates on this evolving case.