Malcome Eldridge v. State

Summary

The Texas Court of Appeals, Second District, affirmed Malcome Eldridge’s conviction for unlawful possession of a firearm by a felon. The court held that the evidence was sufficient to establish Eldridge’s possession of the firearm and that the trial court did not abuse its discretion by refusing to give a voluntary-conduct instruction. The court also noted that Eldridge’s briefing arguably failed to address harm from the asserted charge error but addressed the merits nonetheless.

Holdings

1. The evidence was legally sufficient to prove that Eldridge possessed the firearm because he exclusively possessed and controlled the vehicle, knew the firearm was inside it, and had convenient access to the firearm while driving.
2. The trial court did not abuse its discretion by refusing to include a voluntary-conduct instruction because the evidence did not raise the issue of involuntary possession.

Questions Presented

1. Whether the evidence was legally sufficient to prove that Eldridge possessed a firearm in violation of Texas Penal Code section 46.04(a)(2).
2. Whether the trial court abused its discretion by refusing to include a voluntary-conduct instruction in the jury charge.

Disposition

affirmed