Albert Palomino v. State
14-10-00926-CR
Tex. App.Dec 20, 2011Background
- Palomino was convicted of aggravated assault with a deadly weapon as a party; two prior felonies alleged as enhancements; he pleaded not guilty.
- Scene evidence showed a blood trail from Johnson to Palomino's apartment; a bloodied steak knife and clothing were recovered; Palomino’s son was injured and at his home.
- Johnson testified that Palomino, with his brother and son, stabbed him; Johnson described being jugged and chased; Johnson sustained about twenty-two stab wounds.
- Palomino testified that he struck Johnson only after an obscene comment about his daughter; he claimed his son helped Johnson leave and denied stabbing him.
- Two enhancement paragraphs were found true; the trial court found use of a deadly weapon; Palomino sought reform of the judgment to reflect enhancements, which the court granted.
- The court reformed the judgment to reflect the two enhancement paragraphs; the judgment was affirmed as reformed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal and factual sufficiency of the evidence | Palomino | State | Evidence sufficient to uphold conviction |
| Mistrial denial during guilt phase | Palomino | State | No abuse of discretion; denial affirmed |
| Admissibility of fingerprint expert testimony | Palomino | State | Trial court did not abuse discretion; admissible |
| Ineffective assistance of counsel | Palomino | State | Insufficient showing of deficient performance or prejudice |
| Reformation to reflect enhancements | Palomino | State | Judgment reform warranted; two enhancements reflected |
Key Cases Cited
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (standard for legal sufficiency review on appeal)
- Wicker v. State, 667 S.W.2d 137 (Tex. Crim. App. 1984) (juror credibility and reviewing conflicts in evidence)
- Matson v. State, 819 S.W.2d 839 (Tex. Crim. App. 1991) (judicial deference to jury credibility determinations)
- Fuentes v. State, 991 S.W.2d 267 (Tex. Crim. App. 1999) (trier of fact as sole judge of witness credibility; sufficiency standard)
- Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993) (trial court discretion on admission of nonlist witness testimony)