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Gonzales v. State4/7/1999
AFFIRMED
This is an appeal from the trial court's judgment sentencing appellant, Jorge Manzo Gonzales, to 10 years confinement, a fine of $10,000.00 and victim restitution of $202,473.69. Gonzales entered an open plea of guilty on the charge of intoxication assault before the trial court. Gonzales also waived a jury trial on punishment. A hearing was held pursuant to Gonzales's motion for new trial which alleged that his plea was involuntary due to ineffective assistance of counsel. The trial court denied his motion. Gonzales raises nine issues on appeal. We affirm.
Statement of Facts
On July 4, 1997 Gonzales and a friend were traveling northbound in the southbound lane of Highway 281 near Alice, Texas. Gonzales was driving his friend's truck. Gonzales struck another vehicle injuring Eduardo Cadena and his wife. Cadena suffered the loss of his left leg, and use of his left arm. Cadena's wife was also injured. On September 9, 1997 Gonzales was indicted for the offense of intoxication assault.
On October 2, 1997, at his arraignment, Gonzales was appointed trial counsel. A waiver of arraignment was signed by Gonzales in which he pled "not guilty" to the offense of intoxication assault. Eleven pre-trial motions were filed by trial counsel on the same day in November of 1998. A waiver of speedy trial was signed and submitted by Gonzales in January 1998. On February 5, 1998, a guilty plea was entered by Gonzales before the trial court. Gonzales waived the right to a jury trial and agreed to have the State submit evidence in support of his plea. Evidence supporting the plea included: (1)the TDPS accident report, (2) the police report, and (3) breath analyzer result. The trial court accepted the State's evidence, but held over its decision until further evidence was presented relating to the seriousness of Cadena's injuries. Gonzales also waived the right to witnesses and cross-examination at sentencing. A plea memorandum, containing the charge of intoxication assault, Gonzales's guilty plea, and written admonishments was signed and submitted on February 5, 1998.
Sentencing was held on May 7, 1998. At the hearing, Eduardo Cadena testified as to his injuries. The State submitted documentation of the costs relating to Cadena's injuries. The costs amounted to $202,473.69. The State recommended a punishment of 10 years and a $10,000.00 fine. The trial court accepted the State's evidence and found that it supported Gonzales's plea. The trial court accepted the State's recommendation on punishment and sentenced Gonzales to 10 years confinement, a $10,000 fine, and ordered restitution.
Under new counsel, Gonzales submitted an amended motion for new trial specifically alleging ineffective assistance of trial counsel. A supplemental motion for new trial was also submitted in which Gonzales alleged his guilty plea was based on trial counsel's representations which "were unfounded in law and fact." Subsequent to the hearing, the trial court overruled appellant's motion.
Ineffective Assistance
In his first three issues, appellant contends that trial counsel engaged in ineffective assistance of counsel at the guilt/innocence and punishment stages of trial. Specifically, Gonzales asserts trial counsel failed to acquaint himself with the law and facts of the case, considered inadmissible evidence, and failed to conduct an independent investigation prior to the entry of appellant's plea. In addition, counsel failed to inquire and summon witnesses on behalf of Gonzales at punishment. In his ninth issue, Gonzales also contends that trial counsel engaged in ineffective assistance where he waived the right to a speedy trial and rulings
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