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Timothy Mendoza A/K/A "Timo" v. State
Citation: Not availableDocket: 13-11-00301-CR
Court: Court of Appeals of Texas; June 15, 2012; Texas; State Appellate Court
Original Court Document: View Document
Timothy Mendoza, also known as "Timo," appeals his convictions for murder and engaging in organized criminal activity following a trial in which he pleaded not guilty to charges related to the stabbing death of John Gilbert Licon in January 2006. The State presented testimony from fourteen witnesses, while Mendoza did not call any witnesses. A recording of Mendoza's police statement, which included references to his prior incarcerations despite assurances of redaction, was played for the jury. After the jury's guilty verdict, Mendoza filed a motion for mistrial, claiming the unredacted tape prejudiced the jury, but this motion was denied as it was considered untimely, having been filed a day after the verdict. The trial court sentenced Mendoza to life imprisonment for both counts, to run concurrently. Mendoza raises two issues on appeal: first, that the trial court erred in denying his motion for mistrial due to the improper admission of the tape; and second, that he received ineffective assistance of counsel. The court reviews the mistrial ruling for abuse of discretion and notes that a motion must be timely and specific to preserve error. Mendoza's motion was deemed untimely, as it was not presented at the time the tape was played. Regarding ineffective assistance, Mendoza argues his counsel's failure to investigate and develop a trial strategy led to the appearance of overwhelming evidence against him. To prove ineffective assistance, Mendoza must demonstrate that his attorney's performance was below a reasonable standard and that this impacted the trial's outcome. The appeal was ultimately affirmed, with both issues being overruled. Ineffective assistance of counsel claims are subject to a strong presumption that the attorney's performance was reasonable. To succeed, Mendoza must prove, by a preponderance of the evidence, that his counsel's conduct was ineffective, as established in Strickland v. Washington. The evidence must demonstrate that counsel's performance fell below the reasonable standard, often requiring insight into counsel's decision-making process, which is typically not available in the trial record. The record must show that counsel's actions were so egregious that no competent attorney would undertake them. In this case, the trial record does not provide sufficient detail regarding counsel's investigation or preparation, making it impossible to assess the merits of Mendoza's claims. Therefore, Mendoza has failed to demonstrate that his trial counsel's performance was inadequate under the Strickland standard. The court affirms the trial court's judgments.