Damian Escalante, Jr. v. State

Opinion

MEMORANDUM OPINION No. 04-10-00585-CR

Damian ESCALANTE, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR8181 Honorable Mary D. Román, Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice

Delivered and Filed: September 14, 2011

AFFIRMED

A grand jury indicted appellant, Damian Escalante, Jr., for sexual assault. At trial,

appellant appeared pro se with stand-by counsel. The jury convicted appellant of second degree

sexual assault (repeater) and assessed punishment at confinement for forty-five years. We

affirm. 04-10-00585-CR

CONDUCT OF TRIAL JUDGE

In his first issue, appellant argues the trial judge committed judicial misconduct. He lists

several pleadings he filed, but he does not articulate his complaint with regard to those pleadings,

some of which are not in the record. “It is incumbent upon appellant to cite specific legal

authority and to provide legal arguments based upon that authority.” Bell v. State, 90 S.W.3d

301, 305 (Tex. Crim. App. 2002). Merely citing general legal doctrine is insufficient. Id.

Accordingly, appellant’s first issue is overruled.

CONDUCT OF PROSECUTOR

In his second issue, appellant argues the prosecutor committed prosecutorial misconduct

by (1) defaming appellant in the media, (2) suborning perjured testimony at trial, and (3)

authorizing a wire tap. However, appellant fails to identify any evidence in the record in support

of his claims. “It is a long standing principle that [appellate courts] cannot review contentions

which depend upon factual assertions outside of the record.” Janecka v. State, 937 S.W.2d 456,

476 (Tex. Crim. App. 1996). Accordingly, appellant’s second issue is overruled.

CONCLUSION

The judgment of the trial court is affirmed.

Sandee Bryan Marion, Justice

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