Menefield v. State

PRICE, WOMACK, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

A laboratory report was admitted into evidence, but the analyst who conducted the test and prepared the report did not testify. We hold that the defendant’s trial counsel has not been shown to have performed deficiently in failing to object to the report on Confrontation Clause grounds when the record does not contain counsel’s reasons for failing to object and does not establish whether the analyst could or would have testified if an objection had been lodged.

I. BACKGROUND

Appellant was charged with possessing cocaine in an…