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Defendant was convicted for felon in possession of firearm based on testimony of victim who was on receiving end of beating after gun failed to discharge. Medical evidence of injury, testimony of victim that Defendant had gun, racked slide, threatened to shoot him but when gun didn't work, beating took place, photos of victim admitted into evidence. Defendant was not tried on any assault charges because victim was originally pressured into signing affidavits of non prosecution. Jury gave 20 years.
Now on appeal, question is affirmative links and sufficiency of evidence because no gun was ever found by police due to arrest being made over a week later when he reported to parole officer.
Question: Anyone briefed case similar to these facts? Can affirmative links to gun that has never been found hold up?
 
Posts: 1 | Location: Groesbeck, Texas, United States | Registered: August 06, 2003Report This Post
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I would think your victim's testimony that the appellant had the gun and used it (or tried to use it) is plenty of affirmative link. Affirmative links normally applies where the stuff is not found on the defendant. See Nguyen v. State, 54 S.W.3d 49 (TA6 2001, pet. ref'd)
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Report This Post
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