Opinion

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*William J. Cornelius, Chief Justice, Retired, Sitting by Assignment

Byron Keith Duncan appeals from a judgment rendered on Duncan's plea of guilty without an agreed recommendation, to a charge of forgery of a commercial instrument. Tex. Pen. Code Ann. § 32.21 (Vernon Supp. 2002). Duncan was sentenced to two years in a state jail facility.

On appeal, Duncan contends that his trial counsel rendered ineffective assistance at the punishment stage of the trial, in two particulars:

- his failure to object to evidence suggesting that Duncan had committed an extraneous offense; and

- his failure to object to the victims' recommendations of punishment that 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.

A sentencing hearing was held on May 24, 2001. The State offered the PSI report into evidence and rested. Duncan took the stand 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 here. ⁽¹⁾

Disposition

We have reviewed all briefs and all of the 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.

William J. Cornelius

*Justice

Date Submitted: May 30, 2002

Date Decided: August 8, 2002

Do Not Publish

*William J. Cornelius, Chief Justice, Retired, Sitting by Assignment

1. See our cause numbers 06-01-00180-CR and 06-01-00181-CR, opinions filed concurrently with this case.