Cleveland v. State

The evidence authorized the trial court to disbelieve the defendant's claim that he would have accepted a plea had his trial counsel adequately investigated the state's case.

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In 2005, a Harris County jury convicted Sean David Cleveland of methamphetamine possession and related crimes. The trial court sentenced him to 20 years in prison with ten years to serve, and Cleveland filed a motion for new trial and amended motion for new trial. The trial court denied the motion, rejecting Cleveland’s claim that he received ineffective assistance of trial counsel because he would have accepted a plea offer but for his counsel’s deficient performance. The Court of Appeals affirmed.1 We granted certiorari to decide whether the Court of Appeals properly applied our decision in Lloyd v. State .2 As explained below, the Court of Appeals correctly applied Lloyd , and we therefore affirm. Cleveland was pulled over in Harris County on July 7, 2004, and arrested for driving on a suspended license. While conducting an inventory of the vehicle prior to its being towed, the officer found six individual bags of methamphetamine, a bottle containing red powder, digital scales, a glass smoking device, a straw with methamphetamine residue in it, and a garden hose with a smaller hose inside. The officer called Cleveland’s residence to get someone to come and pick up Cleveland’s dog. Two men came and were also arrested when methamphetamine was found in their vehicle.

On July 9, 2004, a search warrant was executed for Cleveland’s home. Officers found items commonly used in connection with the manufacture of methamphetamine: a bottle of pure ephedrine, burn piles, empty cold medicine packages, strike plates from match books, and security cameras located around the premises. During the search, Cleveland, who was out of jail on bond, returned home and was informed that a search was being performed pursuant to a warrant.

Cleveland v. State

The evidence authorized the trial court to disbelieve the defendant's claim that he would have accepted a plea had his trial counsel adequately investigated the state's case.

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