George Ralph Beachem v. The State of Texas

Summary

The Fifth District Court of Appeals at Dallas affirmed George Ralph Beachem’s conviction and twenty-two-year sentence for possessing with intent to deliver more than four but less than 200 grams of methamphetamine. The court held that the officer’s detention of Beachem was supported by reasonable suspicion under the totality of the circumstances. It also rejected Beachem’s ineffective-assistance claim concerning evidence of prior convictions, concluding that counsel’s failure to object was not shown to be deficient.

Holdings

1. Even assuming Officer Ozols detained Beachem by asking him to exit the vehicle, the detention was supported by reasonable suspicion under the totality of the circumstances.
2. Beachem failed to establish ineffective assistance because he did not show that counsel's performance was deficient.

Questions Presented

1. Whether the trial court erred in denying Beachem's motion to suppress evidence obtained after Officer Ozols asked him to exit his vehicle because the officer lacked reasonable suspicion or probable cause.
2. Whether trial counsel was ineffective for failing to object to the State's use of seven prior judgments and sentences and to six judgments allegedly deficient under Texas Code of Criminal Procedure article 42.01.

Disposition

affirmed