Opinion
No. 06-15-00015-CR
02-19-2016
GARY CHRISTOPHER MORROW, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 336th District Court Fannin County, Texas
Trial Court No. CR-13-24719 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION
Gary Christopher Morrow appeals his conviction of aggravated assault with a deadly weapon, for which he received a twenty-year sentence. 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.
See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). Morrow's victim in this case was Marissa Yarborough.
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 06-15-00016-CR; and (5) aggravated kidnapping in our cause number 06-15-00017-CR.
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 Strickland 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.
See Strickland v. Washington, 466 U.S. 668 (1984).
We affirm the trial court's judgment.
Josh R. Morriss, III
Chief Justice Date Submitted: January 11, 2016
Date Decided: February 19, 2016 Do Not Publish