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Arnold v. State

The state is not required to prove the existence of a subpoena to satisfy the "eluding legal process" component of Texas Penal Code section 36.05(a)(3).

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AFFIRMED

OPINION

Thomas Brent Arnold appeals his conviction for tampering with a witness. See Tex. Pen. Code Ann. � 36.05(a)(3) (Vernon Supp. 2001). After a jury verdict of guilty, the trial court assessed punishment at two years’ confinement in the Texas Department of Criminal Justice, State Jail Division, suspended imposition of the sentence and placed appellant on community supervision for a term of five years, and assessed a $10,000 fine. Appellant brings two points of error, claiming the evidence is legally insufficient to support the verdict and he was denied effective assistance of counsel because the court limited his attorney’s closing arguments. Appellant’s two points of error are essentially intertwined to the extent that if he fails to prevail on point one, he will also not prevail on point two. We affirm.

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