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Johnny Perez v. State

Citation: Not availableDocket: 02-12-00043-CR

Court: Court of Appeals of Texas; August 29, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a case concerning the possession of methamphetamine, the appellant, Johnny Perez, challenged his conviction on several grounds, including the sufficiency of evidence, denial of a motion for a directed verdict, and refusal of a jury instruction under Article 38.23(a) of the Texas Code of Criminal Procedure. The conviction stemmed from a narcotics search by Wichita Falls Police, during which drugs were found in a bedroom where Perez was present. The court applied the Jackson standard, affirming that the evidence supported the jury's finding of possession. Perez's appeal contended that the presence of other individuals and lack of evidence connecting him to the residence negated possession. However, the court found sufficient 'links' indicating control over the drugs. The court rejected the directed verdict motion, as Perez failed to timely object on Confrontation Clause grounds concerning a confidential informant. Additionally, the court found no grounds for an Article 38.23(a) instruction, noting that the CI's identity was immaterial to the possession charge. Ultimately, the appellate court upheld the trial court's decisions, affirming Perez's life sentence.

Legal Issues Addressed

Article 38.23(a) of the Texas Code of Criminal Procedure

Application: The court denied Perez's request for a jury instruction under Article 38.23(a), concluding that no disputed fact warranted such an instruction.

Reasoning: The court concludes that no disputed fact issue warranted the jury instruction under Article 38.23(a), and since no error occurred in the jury charge, the appeal on this point fails.

Motion for Directed Verdict

Application: Perez's motion for a directed verdict was denied; the court found no violation of his right to confront the confidential informant under the Confrontation Clause.

Reasoning: Perez contends that the trial court erred by denying his motion for a directed verdict, claiming a violation of his right to confront the confidential informant (CI) under the Sixth Amendment's Confrontation Clause.

Possession of Controlled Substances

Application: The court examined whether evidence was sufficient to establish possession of methamphetamine based on the presence of drugs in a room where Perez was found during a police search.

Reasoning: Perez contends that the evidence presented at trial is insufficient to establish his possession of methamphetamine discovered in a bedroom where he was found during a police search.

Role of Confidential Informants

Application: The court determined the CI's identity was irrelevant to the possession charge since the CI was not present during the execution of the search warrant or Perez's arrest.

Reasoning: The court determined that the CI's identity was irrelevant since he was not at the scene when officers acted, and thus, the trial court did not err in denying Perez's request for an Article 38.23(a) instruction in the jury charge.

Sufficiency of Evidence Standard

Application: The court applied the Jackson standard, reviewing whether a rational fact-finder could have found the essential elements of the crime beyond a reasonable doubt.

Reasoning: The standard for reviewing evidence sufficiency merges the legal and factual sufficiency standards, as established by the Texas Court of Criminal Appeals.