Dejesus Fobbs v. State
01-15-00043-CR
| Tex. App. | Sep 14, 2015Background
- DeJesus Fobbs was convicted by jury on possession of cocaine (4+ grams, <200g),” enhanced by two prior sequential felonies, and sentenced to 99 years in TDCJ-ID.
- State appealed, arguing error in jury instruction under Article 38.23, preservation of the issue, and admissibility of certain evidence and prior-judgment exhibits.
- Officer Hartless testified that, during a patrol, he smelled burnt marijuana and found K2 (synthetic marijuana), marijuana, cocaine under Fobbs’ cap, a Beretta handgun, a loaded magazine, cash, and a gun-related item in his pants.
- Forensic testing by the DPS confirmed cocaine in two packages weighing 4.53g and 4.24g; Beavers authenticated judgments tying Fobbs to prior convictions; defense objected to some exhibits, but the court admitted key documents.
- Trial court denied suppression; the State argued same-transaction contextual evidence justified admission of related drugs and weapons; the court admitted the judgments and related exhibits; ultimately the State sought affirmation of the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 38.23 instruction required? | Fobbs | State | No error; no disputed fact issue required instruction. |
| Preservation of the complaint about evidence? | Fobbs | State | Appellant failed to preserve error; evidence admitted was proper as same-transaction contextual. |
| Admission of State's exhibit 12B (judgment) and 12A? | Fobbs | State | Court did not abuse discretion; judgments properly authenticated and cross-referenced; nunc pro tunc corrections possible. |
| Sufficiency of prior-conviction proof for enhancement (cause 13,997)? | Fobbs | State | Evidence sufficient; Flowers standard applied; proper linkage to prior conviction established; enhancement proper. |
Key Cases Cited
- Flowers v. State, 220 S.W.3d 919 (Tex. Crim. App. 2007) (proves permissible methods to show prior convictions; multiple proofs allowed)
- Devoe v. State, 354 S.W.3d 457 (Tex. Crim. App. 2011) (same-transaction contextual evidence admissible when necessary to understand the offense)
- Madden v. State, 242 S.W.3d 504 (Tex. Crim. App. 2007) (38.23(a) requires material disputed facts; three Madden requirements for instruction)
- Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998) (overruling evidentiary objections; completeness of record)
- Nolan v. State, 39 S.W.3d 697 (Tex. App.—Houston [1st Dist.] 2001) (reversible error not shown where no timely objection; evidence admissibility)
- Flowers v. State, 367 S.W.3d 683 (Tex. Crim. App. 2012) (prior-conviction proof standard and sufficiency guidance)