Anthony Wayne Sykes v. State


Affirmed and Majority and Dissenting Opinions filed September 19, 2019. In The Fourteenth Court of Appeals NO. 14-17-00922-CR ANTHONY WAYNE SYKES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1513135 MAJORITY OPINION Appellant Anthony Wayne Sykes appeals his conviction for evading arrest or detention with a motor vehicle. See Tex. Penal Code Ann. § 38.04. Appellant initially entered into a plea bargain agreement with the State in which he pleaded guilty to evading arrest or detention with a motor vehicle. In exchange for appellant’s guilty plea an adjudication of guilt was deferred, and appellant was placed on deferred adjudication community supervision for four years. Before appellant completed the four-year community supervision, the State moved to adjudicate appellant’s guilt on the ground that he violated his community supervision by committing another offense. In response to the State’s motion to adjudicate, appellant entered a plea of true to the offense of unlawfully carrying a weapon, and the trial court signed a judgment adjudicating his guilt assessing punishment at nine years in prison. In three issues, appellant argues that he received ineffective assistance from his trial counsel. Concluding that appellant has not shown his counsel rendered ineffective assistance, we affirm the trial court’s judgment. BACKGROUND I. Motion to Adjudicate Evading Arrest or Detention Appellant pleaded guilty to the offense of evading arrest or detention in a motor vehicle in exchange for four years’ deferred adjudication community supervision. One of the conditions of appellant’s community supervision was that he commit no offense against the laws of Texas or any other state or of the United States. Less than one month after receiving deferred adjudication appellant was arrested for unlawfully carrying a weapon and the State filed a motion to adjudicate the evading-arrest charge. Appellant entered a plea of true to the allegation that he unlawfully carried a weapon and the trial court proceeded to a hearing on the State’s motion to adjudicate. At the hearing the trial court asked appellant if he “freely, knowingly, and voluntarily” entered a plea of true to the offense of unlawfully carrying a weapon. Appellant answered yes that his plea was made freely, knowingly, and voluntarily. In response to further questions by the trial court appellant answered that he had sufficient time to discuss his plea with his attorney. Appellant acknowledged that he understood that the punishment range for evading arrest in a motor vehicle is two to 2 ten years in prison and a fine up to $10,000. Appellant further acknowledged the deportation consequences of his plea if he was not a United States citizen. Appellant denied any mental health diagnoses and stated that he understood the consequences of his plea of true. Appellant testified that he was satisfied with his attorney’s performance. The trial court asked whether there was a plea bargain agreement, and appellant’s trial counsel answered, “There was not, Your Honor.” Appellant averred that he understood that by pleading true he was ...

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