Durham v. State

OPINION

DON BURGESS, Justice.

A jury found Paul Durham guilty of aggravated sexual assault of a child and assessed punishment at sixty years’ confinement in the Texas Department of Criminal Justice, Institutional Division, and assessed a fine of $5000. See Tex. Pen.Code AnN. § 22.021(a) (Vernon Supp. 2005). Durham appeals.

In a sole appellate issue, Durham maintains the trial court committed reversible error by denying his requested “no adverse inference” jury instruction regarding Durham’s failure to testify at the punishment phase of trial. During the guilt/innocence phase, the “no adverse…