Luke Teixeira
I was convicted of Aggravated Sexual Assault in October of 2001, with a guilty plea to an open court. I allowed the Judge to sentence me. I received two life sentences to be run concurrent. Although I pled guilty to two counts only one of the counts was factually true. I explained this to my attorney but he told me that I would be better served to go ahead and plead guilty to the indictment as stated, so I did. However, it is not my intent or desire to combat my guilt because for the most part I am guilty. The problem that I have is that I do not believe that I should have received a life sentence. I am confident that I have sufficient grounds for a reduced sentence either through 11.07 Writ of Habeas Corpus or through time cut proceedings.
| Convicted Of: | Aggravated Sexual Assault |
| Sentenced To: | Life |
However, I have hurdles that I must overcome that I have not been able to overcome. To that end, I will explain the issues that I believe might be pertinent.
During my sentencing proceeding, my attorney and I talked about obtaining expert assistance for the sentencing phase because we were aware that the State would present expert testimony, but due to my indigence we could not hire an expert. My attorney never told me that we could have petitioned the court to obtain an expert so the State’s expert was able to testify without any true testing.
During my appeal, appellate counsel brought up the error that trial counsel was ineffective due to his failure to obtain expert assistance for help with sentencing. The appellate court held that because there was nothing in the record showing what an expert witness would have testified to that it could not be shown that trial counsel was ineffective.
This issue was denied for the same reasons in State and Federal Writs of Habeas Corpus.
Then in June 2008, I received a disability rating by the Veterans Administrations due to the psychological problems that were the cause of my being released from the service prior to my offense. It was also intimated that the psychological problems caused by my military service could have been a factor in my offending. I was given a 50% rating.
Since 2003, I have tried to obtain the assistance of experts and attorneys to assist me in this, but because of the fact that I cannot afford a huge retainer I am unable to get help. I get $123.00 a month due to my disability.
A little about my crime. Let’s be real, what I did, even though there was no violence and no sex, was still reprehensible and disgusting and I wholeheartedly believe that I deserved to come to prison. But, I did not and do not deserve to be deemed unredeemable. The type of crime that I committed has the lowest recidivism rate of any crime. I take responsibility for what I did and have taken steps to change even though it seems no-one cares. I have done many things in the last 10 years to effect a change in myself with no help from those who have authority over me. I feel like I owe that to all of the people that I hurt.
If one of you finds it in your heart to help me, I vow, you will not regret it.
A few pieces of information:
1. Appeal is published, Teixeira v. State 91 S.W. 3d 190 (around there.
2. One of the things I am doing is at PrisonInmates.com (search for me).
3. I am willing to pay what I can for assistance.
Luke Teixeira, #1067308
TDCJ, Wynne
810 FM 2821
Huntsville
TX 7749
U.S.A.
During my sentencing proceeding, my attorney and I talked about obtaining expert assistance for the sentencing phase because we were aware that the State would present expert testimony, but due to my indigence we could not hire an expert. My attorney never told me that we could have petitioned the court to obtain an expert so the State’s expert was able to testify without any true testing.
During my appeal, appellate counsel brought up the error that trial counsel was ineffective due to his failure to obtain expert assistance for help with sentencing. The appellate court held that because there was nothing in the record showing what an expert witness would have testified to that it could not be shown that trial counsel was ineffective.
This issue was denied for the same reasons in State and Federal Writs of Habeas Corpus.
Then in June 2008, I received a disability rating by the Veterans Administrations due to the psychological problems that were the cause of my being released from the service prior to my offense. It was also intimated that the psychological problems caused by my military service could have been a factor in my offending. I was given a 50% rating.
Since 2003, I have tried to obtain the assistance of experts and attorneys to assist me in this, but because of the fact that I cannot afford a huge retainer I am unable to get help. I get $123.00 a month due to my disability.
A little about my crime. Let’s be real, what I did, even though there was no violence and no sex, was still reprehensible and disgusting and I wholeheartedly believe that I deserved to come to prison. But, I did not and do not deserve to be deemed unredeemable. The type of crime that I committed has the lowest recidivism rate of any crime. I take responsibility for what I did and have taken steps to change even though it seems no-one cares. I have done many things in the last 10 years to effect a change in myself with no help from those who have authority over me. I feel like I owe that to all of the people that I hurt.
If one of you finds it in your heart to help me, I vow, you will not regret it.
A few pieces of information:
1. Appeal is published, Teixeira v. State 91 S.W. 3d 190 (around there.
2. One of the things I am doing is at PrisonInmates.com (search for me).
3. I am willing to pay what I can for assistance.
Luke Teixeira, #1067308
TDCJ, Wynne
810 FM 2821
Huntsville
TX 7749
U.S.A.