Sabino Alarado Duarte v. The State of Texas--Appeal from 184th District Court of Harris County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 01-10-00885-CR

Case Date: 01/26/2012

Plaintiff: Sabino Alarado Duarte

Defendant: The State of Texas--Appeal from 184th District Court of Harris County (Majority)

Preview:Opinion issued January 26, 2012

In The

Court of Appeals
For The

First District of Texas
------------------------

NO. 01-10-00885-CR ---------------------- SABINO ALARADO DUARTE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court Harris County, Texas Trial Court Case No. 1237019

MEMORANDUM OPINION A jury convicted appellant, Sabino Alarado Duarte, of the felony offense of possession with the intent to deliver between 200 and 400 grams of a controlled substance, cocaine, and assessed punishment at twelve years' confinement and a

$7,000 fine.1 In one issue, appellant contends that the trial court erred in refusing to allow defense counsel to impeach a State witness with a remote prior conviction for misdemeanor forgery. We affirm. Background On October 13, 2009, Houston Police Department ("HPD") Narcotics Division Officer M. Valles worked with Rene Garcia, a confidential informant, in an attempt to purchase a half kilogram of cocaine. Garcia had previously

negotiated the potential transaction with Jonathan Luna, his neighbor and appellant's co-defendant. Officer Valles met Garcia at his house and waited for Luna to arrive. After Luna arrived, Officer Valles and Garcia asked him whether he could obtain a half kilogram of cocaine, and he replied, "Yes. I just got to make a call." After Luna confirmed that he could obtain the requested amount of cocaine, Officer Valles told him that they would have to go somewhere else to see the money for the purchase. Officer Valles drove Garcia and Luna to a nearby Fiesta parking lot and summoned another undercover officer who provided the funds for Luna to inspect. After Luna counted the money, he made a phone call to an unknown person and stated, "Hey, the money, it's all here. It is good. They are asking for half a kilo."
1

See TEX. HEALTH & SAFETY CODE ANN.

Download 01-10-00885-cr.pdf