Byron Keith Duncan v. The State of Texas--Appeal from 180th District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-01-00181-CR
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BYRON KEITH DUNCAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 180th Judicial District Court
Harris County, Texas
Trial Court No. 862007
Before Grant, Ross, and Cornelius,* JJ.
Opinion by Justice Ross
*William J. Cornelius, C.J., Retired, Sitting by Assignment
O P I N I O N

Byron Keith Duncan appeals from the judgment of the trial court, rendered on Duncan's plea of guilty without an agreed recommendation, on a charge of fraudulent use and possession of identifying information, Tex. Pen. Code Ann. 32.51 (Vernon Supp. 2002). Duncan was sentenced to two years in a state jail facility.

On appeal, Duncan contends his counsel at trial rendered ineffective assistance at the punishment stage of the trial by (1) failing to object to evidence suggesting Duncan had committed an extraneous offense; and (2) failing to object to the victims' recommendations of punishment, which were included in the presentence investigation (PSI) report.

Procedural History

On March 2, 2001, Duncan executed written waivers of his rights, an acknowledgment of admonishments by the trial court, and entered his plea of guilty to the offense charged in this case. A PSI report was ordered.

The sentencing hearing was held May 24, 2001. The State offered the PSI report into evidence and rested. Duncan testified in his own behalf and was cross-examined by the prosecutor.

The trial court sentenced Duncan to a two-year term of confinement in a state jail facility, the sentence to run concurrently with two other cases, also on appeal in this Court. (1)

Disposition

We have reviewed the briefs and all arguments raised therein in our opinion issued this date in Byron Keith Duncan v. The State of Texas, Cause Number 06-01-00180-CR. For the reasons stated in that opinion, we affirm the judgment.

 

Donald R. Ross

Justice

 

Date Submitted: May 30, 2002

Date Decided: August 8, 2002

 

Do Not Publish

1. See opinions in Cause Numbers 06-01-00180-CR and 06-01-00182-CR, issued concurrently with the opinion in this case.