Opinion delivered June 30, 2010. DO NOT PUBLISH.
Appealed from the 241st Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
Carnell Damond Adighije appeals his conviction for injury to a child, for which he was sentenced to imprisonment for eight years. In one issue, Appellant contends that he received ineffective assistance of counsel during his trial on punishment. We affirm.
BACKGROUNDAppellant was charged by indictment with injury to a child. Appellant pleaded "guilty," and the matter proceeded to jury trial on punishment. During the trial on punishment, the prosecuting attorney made the following argument to the jury:
You know, maybe [J.W.] can't defend himself, but [y'all] can defend him. [Y'all] can help him. And you can do that by putting that guy right there away for the full ten years. He's earned every year of it. And he's going to be eligible in 2 1/2 years anyway to get out. And I'm sorry about that, but that's the law. But you can darn sure give him the full ten because he's earned it.
. . . .
You know, if you give him the ten years, he will be eligible in 2 1/2 years to be out on parole, okay. He would have to report to a parole officer. If he re-offends, they'll send him back[.]Appellant did not object to the former of these two arguments, but did object to the latter argument as being "outside the evidence." The trial court sustained Appellant's objection. At the conclusion of the trial on punishment, the jury assessed Appellant's punishment at imprisonment for eight years. The trial court sentenced Appellant accordingly, and this appeal followed.