Oscar Rene Rivera v. State
01-15-00239-CR
| Tex. App. | Sep 23, 2015Background
- Appellant Oscar Rene Rivera was charged in two indictments in Harris County for indecency with a child and sexual assault of a child.
- Rivera, age 38, engaged in a period of sexual activity with the complainant beginning when she was 15; he was temporarily living with her family.
- The jury found Rivera guilty on both counts; punishment was set at 10 years probation for indecency and 8 years in prison for sexual assault, with the two sentences cumulated.
- The trial court granted the State’s motion to cumulate the sentences.
- Rivera timely filed a post-trial appeal challenging jury-for-cause rulings and the search-warrant affidavit; oral argument was waived.
- The appellate court reviews whether the trial court erred in denying challenges for cause against biased jurors and in denying suppression of evidence from a cell phone search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury-biased-for-cause challenges | Rivera contends jurors were biased against his rights not to testify and against probation. | State contends challenges for cause were properly denied and jurors could be fair. | Error to deny cause challenges for bias on those jurors. |
| Cell phone search warrant probable cause | Affidavit failed to establish probable cause to search the cell phone. | State argues affidavit supports probable cause. | Error to deny suppression; warrant lacking probable cause. |
Key Cases Cited
- Cordova v. State, 733 S.W.2d 175 (Tex. Crim. App. 1987) (removal for cause when bias against applicable law)
- Montoya v. State, 810 S.W.2d 160 (Tex. Crim. App. 1989) (bias against defendant’s right not to testify)
- Cardenas v. State, 325 S.W.3d 179 (Tex. Crim. App. 2010) (full range of punishment including probation must be considered)
- Pierce v. State, 696 S.W.2d 899 (Tex. Crim. App. 1985) (probation as part of punishment framework)
- Jaben v. United States, 381 U.S. 214 (U.S. 1965) (probable cause and credibility of information sources)
- Reese v. State, 712 S.W.2d 131 (Tex. Crim. App. 1986) (probable cause analysis in search warrants)