Cinque Ross v. State, 06-14-00157-CR

Cinque Ross convicted by bench trial of unlawful possession of a firearm by a felon, sentenced to eight years’ confinement.
Search warrant executed at Ross’s Kilgore residence; firearms, methamphetamine, and other items found in blue bedroom closet.
Ross gave custodial interview admitting knowledge and placement of firearms and intent to sell.
Ross previously waived jury trial in both Firearms Case and Drug Case at a February 14, 2014 hearing.
Trial court approved the jury waivers after in-person, written, and in-court assurances; warnings given about irrevocability.
Ross sought to withdraw the waiver and claimed it was not knowingly, intelligently, or voluntarily given; the court denied the withdrawal and proceeded to bench trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Ross’s jury trial waiver knowingly made and valid?	Ross (Ross) argues waiver not knowing/voluntary due to mistaken facts.	State argues waiver complied with Article 1.13(a) and was knowingly made.	Waiver was knowingly, intelligently, and expressly made.
Did the trial court abuse its discretion in denying withdrawal of the waiver?	Ross contends withdrawal would not disrupt court or prejudice State.	State asserts adverse consequences were not shown; burden on Ross.	No abuse; record lacked evidence of no-adverse-consequence, so denial proper.
Is Section 46.04(a)(1) unconstitutional as applied to Ross?	Second Amendment rights limit felon-in-possession laws; home defense exception exists.	Statute constitutional as applied; Texas and federal authorities permit restriction of felons.	Not unconstitutional as applied; supported by controlling authority.
Were Ross’s claims regarding the video recording and search warrant preserved for review?	ross challenged recording and warrant as violated rights.	Objections not properly preserved; trial objections did not match appellate issues.	Claims not preserved; affirmed denial on preservation grounds.

Hobbs v. State, 298 S.W.3d 193 (Tex. Crim. App. 2009) (standard for withdrawal of jury waiver; burden on defendant to show no adverse consequences)
Marquez v. State, 921 S.W.2d 217 (Tex. Crim. App. 1996) (abuse-of-discretion guidance on denying waiver withdrawal; Hobbs factors)
Coker v. State, 405 S.W.3d 356 (Tex. App.—Texarkana 2009) (abuse-of-discretion framework for trial-related decisions)
Taylor v. State, 255 S.W.3d 399 (Tex. App.—Texarkana 2008) (reaffirmation of Hobbs withdrawal standard)
Heller v. District of Columbia, 554 U.S. 570 (2008) (Second Amendment scope and limits on felon-dispossession cases)
McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporation of Second Amendment; limits on right to bear arms)
United States v. Anderson, 559 F.3d 348 (5th Cir. 2009) (federal felon-in-possession analogue; comparison aid)
State ex rel. Lykos v. Fine, 330 S.W.3d 904 (Tex. Crim. App. 2011) (facial vs. as-applied challenges guidance)