Andrew Earl Jackson v. State
01-15-00994-CR
| Tex. App. | Dec 22, 2016Background
- At ~3:00 a.m., HPD Officer Jorge Rincones observed Andrew Jackson rummaging in the trunk of a parked car, remove a bag, look toward the officer, and walk away carrying the bag; the neighborhood was a known high-crime area.
- Officer Rincones detained Jackson after observing him leave the scene, recognizing him from the neighborhood and noting Jackson was not going toward any residence and claimed the car was not his.
- A witness, Armando Lomas, observed Jackson at the trunk, saw luggage and a shoulder bag removed, and called police reporting a burglary in progress.
- The car owner identified the luggage and messenger bag as his and said he had not given anyone permission to enter the car.
- Jackson was convicted by a jury of burglary of a motor vehicle and sentenced to 200 days in county jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by refusing to include an art. 38.23 instruction | State: no disputed, material facts that would make evidence inadmissible | Jackson: conflict over whether trunk was left open created disputed fact material to the lawfulness of the detention and required the instruction | No error — disputed fact (trunk open/closed) not material; other undisputed facts supported reasonable suspicion, and no suppressible evidence was introduced |
| Whether judge failed to read the jury charge aloud (art. 36.14) | Jackson: charge was not read aloud | State: charge was read | No error — supplemental reporter’s record shows the charge was read to the jury |
Key Cases Cited
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1984) (standard for reviewing jury charge error and harm analysis)
- Madden v. State, 242 S.W.3d 504 (Tex. Crim. App. 2007) (requirements for submission of an art. 38.23 instruction)
- Matthews v. State, 431 S.W.3d 596 (Tex. Crim. App. 2014) (reasonable suspicion standard for investigative detention)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (totality of circumstances and articulable facts for reasonable suspicion)
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (officer observations of suspicious conduct can support detention)