Goode, Steven Michael
PD-1014-15
| Tex. App. | Sep 1, 2015Background
- Goode was indicted in Kaufman County for possession with intent to deliver four grams or more but less than 200 grams of methamphetamine.
- State relied on informant Blevins and on evidence that Goode was a member of the Aryan Brotherhood of Texas (ABT).
- Trial court enhanced the offense based on a prior felony conviction and sentenced Goode to 30 years.
- ABT membership and ABT structure were admitted at trial over defense objections as part of the gang evidence.
- Goode challenged suppression of evidence and asserted the gang-evidence was improperly admitted and that the evidence did not prove possession with intent to deliver.
- Court of Appeals affirmed the conviction, and Goode sought discretionary review arguing the appellate ruling conflicted with other authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to suppress evidence denial | Goode: stop unlawful; lack of credible basis | Goode: stop supported by reasonable suspicion | Trial court did not err; stop was based on reasonable suspicion |
| Admissibility of gang affiliation evidence in guilt-innocence phase | Goode: gang evidence was impermissible character-conformity | Goode: ABT evidence probative and properly limited | Court did not abuse discretion; ABT evidence admissible with proper balancing |
| Sufficiency of evidence linking Goode to possession with intent to deliver | Goode: insufficient to prove possession/intent | Goode: sufficient evidence linked Goode to narcotics and scheme | Evidence sufficient to sustain conviction |
Key Cases Cited
- Canales v. State, 98 S.W.3d 690 (Tex. Crim. App. 2003) (limits gang testimony relevance; probative value vs. prejudice)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (limits on gang-evidence and 403/404(b) balancing)
- Jackson v. State, 314 S.W.3d 118 (Tex. App. – Houston [1st Dist.] 2010) (admissibility of prior gang acts; relevance to defendant)