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The case began when on March 29, 2008 a routine nightly patrol by officers of the Kingsville Police Department stopped to talk with two men who were hanging out in a high crime area late at night. As the officers approached, one noticed that the Defendant dropped something on the ground. The second suspect was observed with white powder residue under his nose and admitted to having "snorted" cocaine earlier. When the officer began talking with the first suspect, he looked down where the first suspect was standing to see a small baggie of powder, later determined to be cocaine. The Defendant took the stand to testify. He denied dropping the cocaine and instead stated that he was urinating.
The jury found the Defendant's story to be unconvincing and convicted the Defendant based on the officer's observations. When considering punishment, Judge Bañales was able to consider the Defendant's extensive previous record. This included a previous stint on felony probation for possession of marijuana, which the Defendant did not complete. The Judge assessed the maximum state jail time in the case.
District Attorney Hubert said that the nightly patrols by the Kingsville Police Department were paying off. "The police presence during those hours helps catch criminals and deter other crimes." Hubert also commended Assistant District Attorney Aida Trevino on her ability to communicate the officer's observations to the jury. "Sometimes it is difficult to impart to the Jury what an officer saw in a manner that the Jury has an accurate mental picture of what happened. The jury understood her argument and presentation of the facts and agreed with her by convicting the Defendant."
Since this is a State Jail case, the Defendant must serve the sentence day for day with no good time or parole given.