Alfaro-Jimenez v. State
577 S.W.3d 240
Tex. Crim. App.2019Background
- On July 10, 2014, Officer Rodriguez recovered multiple IDs from appellant Pablo Alfaro-Jimenez showing the name Juan Alberto Torres Landa, including a social security card that officers and a SSA investigator immediately identified as counterfeit.
- Appellant admitted the card was fake, said he bought it for $60 to get work, and later confessed his real name.
- The State indicted under Tex. Penal Code § 37.10(a)(4) and (a)(5) (possessing/presenting a "governmental record" with knowledge of its falsity), alleging the card was a governmental record and that appellant intended to defraud the SSA.
- At trial the jury convicted appellant of the lesser-included offense (tampering without intent to defraud); the trial court entered judgment as a Class A misdemeanor and sentenced him.
- The court of appeals reformed the judgment to a felony, concluding the evidence showed the card was a certificate issued by the United States; appellant sought discretionary review.
- The Court of Criminal Appeals held the State failed to prove the specific card at issue was an authentic governmental record — only that social security cards generally are governmental records — and rendered an acquittal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Alfaro‑Jimenez) | Held |
|---|---|---|---|
| Whether the evidence proved the specific card was a "governmental record" under § 37.01(2) | A social security card is a certificate issued by the U.S.; evidence that social security cards are governmental records suffices | The State failed to prove this particular card was issued by the government — evidence showed it was counterfeit | Evidence insufficient; State did not prove the card at issue was an authentic governmental record; conviction reversed and acquittal rendered |
| Whether § 37.10(a)(4)/(a)(5) requires proof that the document is an actual governmental record (vs. proof only that defendant intended it be taken as genuine) | The charged subsections apply because the document type (social security card) is a governmental record | Subsections (4) and (5) require the document actually be a governmental record; only § 37.10(a)(2) covers presenting a counterfeit as genuine | Held: (4) and (5) require proof the item was an authentic governmental record; the indictment did not prosecute under (a)(2) |
| Whether appellate reformation to a higher offense (felony) was permissible given jury’s verdict | Court of appeals may reform judgments when supported by the record | Appellant argued jury‑trial and Apprendi/Blakely concerns (higher offense not found by jury) | CCA reviewed sufficiency and concluded reversal/acquittal required; did not sustain felony reformation because evidence was insufficient |
| Sufficiency-of-the-evidence standard to be applied | Apply Jackson v. Virginia standard: view evidence in light most favorable to verdict | Same standard; dispute is whether evidence met statutory element of governmental record | Applied Jackson standard and found insufficient proof of the required statutory element |
Key Cases Cited
- Vasilas v. State, 187 S.W.3d 486 (Tex. Crim. App.) (discusses scope and definition of "governmental record")
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Thompson v. State, 215 S.W.3d 557 (Tex. App.—Texarkana) (held counterfeit licenses are not governmental records absent proof they were issued by government)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App.) (explains Jackson sufficiency standard)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App.) (elements of offense are defined by the hypothetically correct jury charge)