Ricky Lynn Harris v. State

Citation: Not availableDocket: 12-15-00104-CR

Court: Court of Appeals of Texas; July 20, 2015; Texas; State Appellate Court

Original Court Document: View Document

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Ricky Harris, the appellant, is appealing a conviction for possession of a controlled substance under Texas Health and Safety Code § 481.115, as indicted in Smith County (cause number 007-1559-14). His punishment was enhanced to a second-degree felony due to two prior felony convictions under Texas Penal Code § 12.425(b). Harris pled guilty without a plea agreement and was sentenced to ten years of confinement. He filed a timely notice of appeal on April 21, 2015, with this brief submitted by his appellate attorney, James Huggler, in compliance with Texas Rule of Appellate Procedure 38. The document includes a table of contents, a statement of the case, issues presented (noted as none), and references to the Clerk’s Record (CR) and Reporter’s Record (RR) for supporting documentation. The brief is dated July 20, 2015, and was filed in the Twelfth Court of Appeals, Tyler, Texas, with no request for oral argument.

Appellant was indicted for possession of less than one gram of cocaine, classified as a state jail offense, but enhanced to a second-degree felony due to two prior non-state jail offenses. After waiving his rights to a jury trial and other legal protections, Appellant pled guilty without an agreed punishment recommendation and admitted to the enhancement allegations. A stipulation of evidence was presented detailing his conduct. The court held a punishment hearing, during which the defense cross-examined state witnesses, and Appellant testified. The court subsequently sentenced him to ten years in prison without fine or restitution. 

Counsel reviewed the case and found no reversible errors or jurisdictional defects, leading to a motion to withdraw based on the absence of arguable grounds for appeal, in compliance with Texas law. The indictment was deemed sufficient to confer jurisdiction and notify Appellant of the charges. The trial court had original jurisdiction and properly admonished Appellant regarding his rights and the punishment range. The conviction was supported by Appellant's signed confession, and the plea was found to be made voluntarily and knowingly, adhering to procedural requirements including those under the Morton Act.

Mr. Harris effectively assisted his attorney with case facts, potential defenses, and trial preparation. The court evaluated his competency regarding substance use and, after confirmation from his attorney, deemed him competent for trial. The trial court sentenced Mr. Harris to ten years of confinement, which falls within the legal punishment range. The judgment did not include improper fee assessments, and no reversible errors were found during the punishment phase. Although the trial court incorrectly stated it found Mr. Harris guilty on the plea date, it did not actually make a finding of guilt at that time, despite indications to the contrary in the record. The attorney found no grounds for arguing ineffective assistance of counsel, as the counsel's performance was presumed adequate under Strickland v. Washington. Issues raised, including a request for a change of venue, were resolved, and trial counsel effectively presented evidence and arguments. The prosecution sought a maximum consecutive sentence, but the trial court imposed a ten-year sentence to be served consecutively. Given the totality of the representation, no deficiencies were found in counsel's performance. Consequently, the attorney moved for permission to withdraw from the case, allowing Mr. Harris the opportunity to file a pro se brief if desired. The brief was duly served to the State's counsel and complies with applicable formatting rules.