Ex Parte Jimenez
2012 Tex. Crim. App. LEXIS 242
Tex. Crim. App.2012Background
- 1982: Applicant convicted of rape of a child.
- 1991: Applicant convicted of unlawful possession of a firearm by a felon and heroin possession.
- The State used the rape conviction to prove Applicant was a felon at the time of the firearm offense.
- 1998–1999: Applicant's rape conviction was challenged in habeas; relief granted and the conviction set aside; charge later dismissed due to a missing witness.
- 2008–2011: Applicant filed a third habeas corpus application arguing the firearm conviction is void because the predicate felony was set aside; trial court recommended relief.
- Court held Applicant not entitled to relief; Applicant had felon status at time of possession and Mason governs proof of status at possession
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a firearm-by-a-felon conviction is void if the predicate felony is later set aside. | Jimenez relies on Cuellar to void the conviction. | State argues felon status at possession suffices; Cuellar distinguishable; Mason controls. | Conviction valid; felon status at possession controls. |
| Does post-conviction set-aside of the predicate felony defeat the charge at issue? | Jimenez argues set-aside negates predicate. | State: status at possession matters; underlying set-aside does not void the offense. | Set-aside does not void if felon status existed at possession. |
| Did the State need to pursue direct challenge to the predicate at trial or appeal to sustain conviction? | Waiver of collateral attack on predicate at trial. | Applicant failed to challenge predicate timely per Richardson/Pena. | No relief; waiver applicable. |
Key Cases Cited
- State v. Mason, 980 S.W.2d 635 (Tex.Crim.App. 1998) ( State must prove felony status at the time of possession.)
- Lewis v. United States, 445 U.S. 55 (U.S. 1980) (status of felon at time of possession governs.)
- Cuellar v. State, 70 S.W.3d 815 (Tex.Crim.App. 2002) (set-aside predicate before possession; cannot prove felon status.)
- Ex parte Richardson, 201 S.W.3d 712 (Tex.Crim.App. 2006) (waiver of collateral attack on predicate at trial.)
- Ex parte Pena, 71 S.W.3d 336 (Tex.Crim.App. 2002) (waiver analysis for collateral attack.)
- Ex parte Elizondo, 947 S.W.2d 202 (Tex.Crim.App. 1996) (actual innocence claim analyzed in dissent.)