Jeremy David Lummus v. State

Lummus · Court of Appeals for the Seventh District of Texas · September 21, 2015 · No. 07-15-00120-CR

Summary

This document is the State of Texas's appellate brief in Jeremy David Lummus v. State, a criminal appeal involving convictions for possession of methamphetamine with intent to deliver and possession of methamphetamine. The brief responds to issues concerning denial of a mistrial, a lesser-included-offense instruction, and an oral motion to suppress.

Court
Court of Appeals for the Seventh District of Texas
Jurisdiction
Texas
Decision date
September 21, 2015
Docket number
07-15-00120-CR
Procedural posture
State's appellate brief responding to Jeremy David Lummus's criminal appeal from a Tarrant County conviction for possession of methamphetamine with intent to deliver.
Standard of review
The brief states that denial of a motion for mistrial is reviewed for abuse of discretion and upheld if within the zone of reasonable disagreement. It describes the lesser-included-offense inquiry as a two-prong test involving legal determination of whether the offense is lesser included and whether some evidence would permit a rational jury to convict only of the lesser offense. It also invokes preservation and briefing requirements under Texas Rule of Appellate Procedure 38.1(i) and Rule 33.1(a)(1)(A).
Precedential value
none; provided document is an appellate brief rather than a judicial opinion
Parties
Jeremy David Lummus v. The State of Texas
Disposition
other

Topics

appellate procedurecriminal procedurepreservation of errorsuppression of evidencefourth amendment

Practice areas

Texas criminal appellate practicecriminal procedureevidencesearch and seizurejury instructions

Questions Presented

  1. Whether the trial court erred by denying a mistrial after a police investigator testified that he knew Lummus from a prior case.
  2. Whether the trial court erred by refusing to submit a lesser-included-offense instruction for possession of one to four grams of methamphetamine.
  3. Whether Lummus preserved and adequately briefed a constitutional or statutory search-and-seizure challenge to the denial of his motion to suppress.

Key quotations

“Appellant's trial was without prejudicial error.” (48)
“The State prays that Appellant's conviction be affirmed.” (48)

Factual background

Police investigators observed Lummus drive despite knowing that he lacked a valid driver's license and arranged for a patrol unit to stop him. He was arrested for driving without a license, and officers searched his pockets incident to the arrest, finding a digital scale and a cell phone. While handcuffed in the patrol car, Lummus allegedly removed baggies containing crystalline material, spread the material inside the vehicle, and was later linked by chemical analysis to 23.78 grams of methamphetamine-containing crystalline substance.

Procedural history

Lummus was charged with possession of methamphetamine with intent to deliver four to 200 grams, simple possession of methamphetamine in the same weight range, and repeat-offender allegations. A jury found him guilty on count one, found the repeat-offender allegation true, and assessed punishment at 27 years' imprisonment and $359 in costs. The State's brief asks the Seventh Court of Appeals to affirm and responds to complaints concerning denial of a mistrial, refusal to submit a lesser-included-offense instruction, and denial of an oral motion to suppress.

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