Mark Joseph Duhe v. State of Texas

• Court: Court of Appeals of Texas
• Decided: April 3, 2002
• Docket: 04-01-00053-CR
• Status: Published

Opinion

No. 04-01-00053-CR

Mark Joseph DUHE,

Appellant

v.

STATE of Texas,

Appellee

From the 339th Judicial District Court, Harris County, Texas

Trial Court No. 854388

Honorable Jon Hughes, Judge Presiding

Memorandum Opinion

Opinion by: Paul W. Green, Justice

Sitting: Phil Hardberger, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: April 3, 2002

AFFIRMED

Because the issues in this appeal involve the application of well-settled principles of law, we affirm the conviction in this memorandum opinion. Tex. R. App. P. 47.1. We affirm the conviction for the following reasons:

1. Duhe did not file a motion for new trial and the record is silent as to defense counsel's reasons for his actions. Because Duhe fails to present any evidence demonstrating his counsel's decisions were not the product of sound trial strategy, we overrule his first and second issues complaining of ineffective assistance of counsel. Tong v. State, 25 S.W.3d 707, 713 (Tex. Crim. App. 2000) (stating a silent record is insufficient to rebut the presumption that counsel's actions were the result of sound trial strategy).

2. The trial court admitted evidence that Duhe admitted having "a part" in prostituting the daughters of his girlfriend. Although Duhe complains the admission of this statement was improper, the error, if any, was harmless because the jury heard testimony from other witnesses detailing Duhe's involvement in the prostitution of his girlfriend's daughters. Tex. R. App. P. 44.2(a); Leday v. State, 983 S.W.2d 713, 718 (Tex. Crim. App. 1998); Manley v. State, 28 S.W.3d 170, 177 (Tex. App.-Texarkana 2000, pet. ref'd).

The conviction is affirmed.

PAUL W. GREEN,

JUSTICE

DO NOT PUBLISH