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Dotson v. State9/2/2004
r letters describing the encounters. According to Walker, Detective Boetcher never requested that Walker continue discussing Dotson's case with him, nor did he say that it would benefit Walker in anyway with regard to his own case. In addition, although Walker admitted that his burglary charge was ultimately reduced to a misdemeanor, he maintained that the reduction of the charge was not due to his cooperation in the instant case, but rather because he passed a polygraph test.
Viewing the evidence in the light most favorable to the trial court's ruling, the record does not support Dotson's contention that Walker was acting as an agent of the State when he conversed with Dotson. Although the State accepted the information that Walker offered regarding Dotson's case, it did nothing to encourage the elicitation of incriminating statements from Dotson. The State did not bargain for Walker's assistance, nor did it promise Walker any benefit for his cooperation in Dotson's case. The evidence demonstrates that Walker was a self-initiated informant who hoped that his cooperation in Dotson's case would curry favor with respect to his own case. See Manns, 122 S.W.3d at 189 (holding jailhouse informant not state agent, but rather "an entrepreneur who exploited appellant for his own gain"). Because Walker was not acting as a state agent when he elicited information from Dotson, we hold that the trial court did not abuse its discretion by overruling Dotson's objections to Walker's testimony. We overrule Dotson's third point.
v. Motion for Continuance
In his fourth point, Dotson contends that the trial court abused its discretion by overruling his motion for continuance. Specifically, Dotson alleges that (1) he was not ready for trial because the State failed to give him adequate and timely notice and changed the theory of prosecution through reindictments shortly before trial and (2) the State failed to give reasonable notice of its intent to introduce extraneous offenses and unadjudicated bad acts in advance of trial despite his timely requests. The State maintains that Dotson's complaint is without merit because he cannot demonstrate that the denial of his request for a continuance resulted in actual prejudice.
Under the Texas Code of Criminal Procedure, a criminal action may be continued on the written motion of a defendant, so long as sufficient cause is fully set forth in the motion. Tex. Code Crim. Proc. Ann. art. 29.03 (Vernon 1989). Granting or denying a motion for continuance is within the discretion of the trial court and will not be reversed on appeal unless it is shown that the court abused its discretion. Janecka v. State, 937 S.W.2d 456, 468 (Tex. Crim. App. 1996), cert. denied, 522 U.S. 825 (1997). To establish an abuse of discretion, the defendant must show that he was actually prejudiced by counsel's inadequate preparation time. Id. Specific prejudice may include unfair surprise, an inability to effectively cross-examine the State's witnesses, or the inability to adduce crucial testimony that could have been given by potential witnesses. See id. However, a mere statement that counsel did not have enough time to prepare an adequate defense does not demonstrate prejudice. Id.
In the instant case, although Dotson alleges that the denial of his continuance rendered his counsel unable to prepare an adequate defense, he fails to establish any specific prejudice arising from the trial court's failure to continue the trial. Our review of the record reveals that Dotson had ample notice of the State's theory in the case well before trial. In addition, the State provided Dotson with reasonable notice of its intent to introduce extraneous offenses and bad acts. Mor
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