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Branch v. State

A jury convicted appellant of possession of between 4 and 200 grams of cocaine with intent to deliver, a first-degree felony. He pleaded true to an enhancement paragraph alleging a previous conviction for the felony offense of delivery of cocaine, and the jury assessed punishment at life in prison and a $5,000 fine. Because the trial court did not err in denying his motion to suppress, the portion of the trial court's judgment finding guilt is affirmed. Because of the unique combination of circumstances in this case — the improper statements made by the prosecution, the defense attorneys' testimony that they did not have a trial strategy for declining to object to the improper statements, and the fact that appellant was assessed the most severe sentence possible — the trial court erred in denying his motion for new trial. Therefore, the portion of the trial court's judgment assessing punishment is reversed and remanded to the trial court for a new punishment hearing. Austin Court of Appeals, No. 08-08-00251-CV, 03-16-2011

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OPINION

A jury convicted Hubert Theodore Branch of possession of between four and two-hundred grams of cocaine with intent to deliver, a first-degree felony. See Tex. Health & Safety Code Ann. § 481.112 (West 2010). Branch pled true to an enhancement paragraph alleging a previous conviction for the felony offense of delivery of cocaine, and the jury assessed punishment at life in prison and a $5,000 fine. Branch raises three issues on appeal, contending that the trial court erred in: (1) denying Branch’s motion to suppress the evidence found during a traffic stop; (2) denying Branch’s motion to suppress the evidence discovered in a search of his home after the traffic stop; and (3) denying Branch’s motion for new trial based on ineffective assistance of counsel.

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