Duty v. State

Opinion

BRIAN QUINN, Chief Justice.

Jimmy Earl Duty (appellant) appeals a judgment adjudicating him guilty of possession of a controlled substance and sentencing him to twenty-two months in a state jail. Through a single issue, appellant contends that he received ineffective assistance of counsel at his adjudication hearing. We affirm.

Appellant’s issue is overruled for the simple reason that the record contains no evidence evincing why defense counsel did that of which he was accused of doing. Nor does it illustrate that the State had an opportunity to show what it would have done had defense…