Gary Christopher Morrow v. The State of Texas Appeal from 336th District Court of Fannin County (memorandum opinion )
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-15-00016-CR GARY CHRISTOPHER MORROW, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 336th District Court Fannin County, Texas Trial Court No. CR-13-24720 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Gary Christopher Morrow appeals his conviction of aggravated assault with a deadly weapon,1 for which he received a sentence of twenty years’ imprisonment.2 He contends that (1) counsel was ineffective for failing to investigate facts that (a) could be used in mitigation of punishment, and (b) could lead to a potential insanity defense; (2) the trial court erred in failing to conduct an informal competency evaluation on counsel’s request; (3) the trial court erred in the admission of hearsay evidence during the guilt/innocence trial; and (4) the trial court erred in the admission of hearsay evidence of bad acts during the punishment trial. We addressed each of these issues in detail in our opinion of this date on Morrow’s appeal in cause number 06-15-00013-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case. We separately addressed the issue of whether Morrow was prejudiced by counsel’s deficient performance under the second prong of Strickland3 in our cause number 06-15-00014-CR, in which Morrow was likewise convicted of aggravated assault with a deadly weapon, for which he also received, as in this case, a twenty-year sentence. For the reasons stated therein, we likewise determine that Morrow was not prejudiced. 1 See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). Morrow’s victim in this case was Donny Mangum. 2 We address Morrow’s related appeals from his convictions of (1) burglary with intent to commit a felony in our cause number 06-15-00013-CR; (2) aggravated sexual assault in our cause number 06-15-00012-CR; (3) aggravated assault with a deadly weapon in our cause number 06-15-00014-CR; (4) aggravated assault with a deadly weapon in our cause number 06-15-00015-CR; and (5) aggravated kidnapping in our cause number 06-15-00017-CR. 3 See Strickland v. Washington, 466 U.S. 668 (1984). 2 We affirm the trial court’s judgment. Bailey C. Moseley Justice Date Submitted: Date Decided: January 11, 2016 February 19, 2016 Do Not Publish 3
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