Geoffrey Martin Welch v. The State of Texas--Appeal from 405TH District Court of Galveston County

State: Texas

Court: Texas Northern District Court

Docket No: 14-08-00254-CR

Case Date: 04/07/2009

Plaintiff: Geoffrey Martin Welch

Defendant: The State of Texas--Appeal from 405TH District Court of Galveston County

Preview:Affirmed and Memorandum Opinion filed April 7, 2009.

In The
Fourteenth Court of Appeals

NO. 14-08-00253-CR
NO. 14-08-00254-CR

GEOFFREY MARTIN WELCH, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court
Galveston County, Texas
Trial Court Cause No. 05CR3368; 05CR3369

M E M O R A N D U M   O P I N I O N
Geoffrey Martin Welch appeals his convictions for aggravated assault with a deadly weapon.  Appellant pleaded nolo contendere to the charges. The trial court found appellant guilty in both cases, and the jury assessed concurrent four-year sentences in the Institutional Division of the Texas Department of Criminal Justice.  In four issues, appellant contends (1) the indictments and the evidence were legally insufficient; (2) the trial court erred in finding appellant knowingly and intelligently entered his plea of nolo contendere and failed to withdraw his plea when appellant made an alleged contradictory statement; and (3) he received ineffective assistance of counsel.  We affirm.
I.  Background
Foster Sayles and his wife Rodora were walking on the Seawall in Galveston one evening when Sayles heard a screech and saw a vehicle in the left lane swerve into the right lane. He witnessed the vehicle turn sideways and slide down the Seawall, heading toward them.  Sayles and his wife were struck by the vehicle and landed on the sand.  When the vehicle came to rest, the front of the car was in the sand and the back end was resting against the Seawall.  Sayles sustained a fracture to his right eye socket; his wife had multiple injuries requiring nearly a month in intensive care, followed by three months of therapy.  She passed away a year after returning home.1
Appellant was the driver of the vehicle.  Officer John Thorn testified that appellant initially told him his left front tire blew out, causing the vehicle to slide off the Seawall. Appellant also told a witness at the scene that there must have been something mechanically wrong with the car and that he overcompensated for it.  Appellant later gave a written statement with details of the incident and confirmed those details at trial.  In his statement, appellant recounted that he had several passengers in the car and that one had brought marijuana.  Appellant admitted to partaking of the marijuana cigarette twice.  He stated that he was driving eastbound on the Seawall when a song came on and he started

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