Damian Escalante, Jr. v. State ( 2011 )

MEMORANDUM OPINION
No. 04-10-00585-CR
Damian ESCALANTE, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR8181
Honorable Mary D. Román, Judge Presiding
Opinion by: Sandee Bryan Marion, Justice
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 14, 2011
AFFIRMED
A grand jury indicted appellant, Damian Escalante, Jr., for sexual assault. At trial,
appellant appeared pro se with stand-by counsel. The jury convicted appellant of second degree
sexual assault (repeater) and assessed punishment at confinement for forty-five years. We
affirm.
04-10-00585-CR
CONDUCT OF TRIAL JUDGE
In his first issue, appellant argues the trial judge committed judicial misconduct. He lists
several pleadings he filed, but he does not articulate his complaint with regard to those pleadings,
some of which are not in the record. “It is incumbent upon appellant to cite specific legal
authority and to provide legal arguments based upon that authority.” Bell v. State, 90 S.W.3d
301, 305 (Tex. Crim. App. 2002). Merely citing general legal doctrine is insufficient. Id.
Accordingly, appellant’s first issue is overruled.
CONDUCT OF PROSECUTOR
In his second issue, appellant argues the prosecutor committed prosecutorial misconduct
by (1) defaming appellant in the media, (2) suborning perjured testimony at trial, and (3)
authorizing a wire tap. However, appellant fails to identify any evidence in the record in support
of his claims. “It is a long standing principle that [appellate courts] cannot review contentions
which depend upon factual assertions outside of the record.” Janecka v. State, 937 S.W.2d 456,
476 (Tex. Crim. App. 1996). Accordingly, appellant’s second issue is overruled.
CONCLUSION
The judgment of the trial court is affirmed.
Sandee Bryan Marion, Justice
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