Jorge Luis Gonzalez v. State
13-15-00166-CR
| Tex. App. | Aug 5, 2015Background
- Gonzalez was indicted for possession of cocaine and found guilty by a Hidalgo County jury; punishment imposed was 9 years in prison and a $9,000 fine.
- At arrest in Donna, Texas, Gonzalez sat in the front passenger seat while two others fled; police found cocaine in the vehicle and currency on Gonzalez during a pat-down.
- The contraband consisted of three clear baggies with cocaine (7.55 grams total) discovered in the Nissan’s interior; no drugs were found on Gonzalez personally at arrest.
- A Nissan registered to Gonzalez was linked to him by a vehicle registration check; no fingerprints were taken from the bags or vehicle, and Gonzalez denied knowledge of the drugs.
- During punishment, extraneous offenses (pills, undocumented aliens, and immigration status) were introduced; the trial court provided no instruction on extraneous offenses or burden of proof beyond a reasonable doubt; Gonzalez’s counsel allegedly failed to object to this evidence
- Gonzalez argues ineffective assistance of counsel for failing to object to national-origin evidence during punishment and for not securing proper jury instructions regarding extraneous offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for possession | Gonzalez | State | Insufficient evidence; verdict should be reversed and not guilty. |
| Failure to instruct on extraneous offenses in punishment | Huizar requires a reasonable-doubt standard instruction | No error in instruction omission | Omission error under Huizar Almanza; harmful; remand for new punishment phase. |
| Ineffective assistance for national-origin evidence in punishment | Riascos standard; failure to object prejudiced defense | Trial strategy considerations not shown | Presumption of deficient performance with prejudice; relief warranted. |
Key Cases Cited
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (elements of possession; need for affirmative links when not in exclusive possession)
- Jenkins v. State, 76 S.W.3d 709 (Tex. App.-Corpus Christi 2002) (affirmative-link factors for possession)
- Olivarez v. State, 171 S.W.3d 283 (Tex. App.-Houston [14th Dist.] 2005) (affirmative links; plain view and access considerations)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (list of affirmative-link factors for possession)
- Huizar v. State, 12 S.W.3d 479 (Tex. Crim. App. 2000) (extraneous-offense instruction required; burden of proof)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (harm analysis factors for trial errors)
- Riascos v. State, 792 S.W.2d 754 (Tex. App.-Houston [14th Dist.] 1990) (ineffective assistance where national-origin testimony admitted)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)