Jesse Dimas Alvarado v. State
01-14-00857-CR
Tex. App.Mar 11, 2015Background
- Appellant Jesse Dimas Alvarado was convicted by a jury of unlawfully possessing a firearm as a felon under Tex. Penal Code §46.04(a)(1); sentenced to five years’ imprisonment and costs. Appeal seeks acquittal or new trial.
- Underlying felony: 2003 conviction (adjudication after plea) for sexual assault of a minor; sentenced to eight years in prison and released in August 2011. The charged possession occurred December 5, 2013 (within five-year prohibition window).
- Search warrant for suspected child pornography executed at family home; occupants included appellant, his brothers, mother, and another female. A pistol was recovered on an upper closet shelf in a bedroom where appellant was sleeping.
- Nonexclusive occupancy: the bedroom/closet had been used by appellant’s brother (who testified he purchased and stored the pistol for protection); family members frequently moved through and used the house. Appellant had ID/wallet in the room and told an officer the room was his.
- Trial evidence included prison records and other documents reflecting numerous prior arrests, misconduct, and graphic allegations from the underlying sexual-offense matter; defense counsel did not object to introduction of these records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Sufficiency of evidence that Alvarado "possessed" the firearm (affirmative links) | State: evidence of appellant’s presence in the room, his wallet/ID in the room, and officer testimony about visibility/accessibility of the gun supports possession conviction | Alvarado: no affirmative link — gun not on his person, closet door closed, gun high on shelf amid clutter, brother testified he bought and stored the gun; no incriminating statements or furtive acts | Appellant argues the evidence is legally insufficient (Jackson standard) and seeks acquittal (court solicited to evaluate affirmative-links factors) |
| 2. Constitutional challenge — right to keep and bear arms under Tex. Const. art. I, §23 and U.S. Const. amend. II | State: statute prohibiting felons from possessing firearms within five years of release is constitutional and applies to appellant | Alvarado: art. I, §23 protects individual right to have arms in the home; harmonizing statute and constitution requires narrowing application (esp. nonviolent, youthful offender, family-owned gun used for home defense) | Appellant argues the statute should be construed to avoid infringing state/federal constitutional rights; asks court to consider state-constitutional construction first |
| 3. Ineffective assistance for failure to object to extraneous bad-acts/prison records | State: admissibility and weight arguable; counsel made strategic choices | Alvarado: counsel’s failure to object to highly prejudicial character/bad-acts evidence (prison records, graphic allegations) was objectively unreasonable and prejudicial under Strickland — claim sufficiently clear to raise on direct appeal | Appellant asks for new trial based on counsel’s obvious failure to object |
| 4. Remedy if convictions reversed | State: (implicit) remand for new trial or affirm conviction | Alvarado: seeks either reversal and acquittal (if insufficient evidence) or reversal and new trial (if counsel ineffective) | Appellant requests either acquittal or new trial depending on ruling |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard under due process)
- Burks v. United States, 437 U.S. 1 (acquittal remedy for insufficient evidence)
- District of Columbia v. Heller, 554 U.S. 570 (recognition of individual right to possess a handgun in the home)
- McDonald v. City of Chicago, 561 U.S. 742 (incorporation of the Second Amendment against the states)
- Strickland v. Washington, 466 U.S. 668 (two‑prong ineffective-assistance standard)
- Heitman v. State, 815 S.W.2d 681 (Tex. Crim. App. case on Texas constitutional interpretation and rights)
- James v. State, 264 S.W.3d 215 (Tex. App.—Houston [1st Dist.] — affirmative-links framework for contraband found in nonexclusive premises)
- Ex parte Menchaca, 854 S.W.2d 128 (admission of prejudicial evidence and analysis of prejudice for Strickland claims)