Alvarado v. Director, TDCJ-CID

District Court, N.D. Texas·Decided June 20, 2024·No. 4:23-cv-01018·Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

TRINIDAD ALVARADO,

Petitioner,

v. Civil No. 4:23-cv-01018-P

BOBBY LUMPKIN, Director, TDCJ- CID,

Respondent. MEMORANDUM OPINION AND ORDER Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Petitioner Trinidad Alvarado, a state prisoner confined in the Ney State Jail Unit of the Correctional Institutions Division of the Texas Department of Criminal Justice (“TDCJ-CID”). After considering the pleadings and relief sought, the Court concludes that Alvarado’s § 2254 petition should be and hereby is DENIED. BACKGROUND Alvarado is in custody pursuant to the judgment and sentence of the 297th District Court of Tarrant County, Texas, in cause number 1542459D, styled The State of Texas v. Trinidad Alvarado. SHCR at 5– 6, ECF No. 22-19.1 Alvarado was indicted for the second-degree felony offense of possession of more than four grams of methamphetamine, enhanced by prior felony convictions for assault and possession with intent to deliver. Id. at 4. He pleaded not guilty, but a jury found him guilty as charged and, on October 24, 2019, assessed his sentence at forty years of incarceration. Id. at 5–6.

1“SHCR” refers to the State Habeas Clerk’s Record of Alvarado’s state habeas proceedings in Ex parte Alvarado, No. WR-94,615-01, followed by the applicable pages. This record is on the docket at ECF No. 22, 19–22. 1 The Second Court of Appeals affirmed Alvarado’s conviction on November 4, 2021. See Alvarado v. State, No. 02-19-00401-CR, 2021 WL 5132530, slip op. (Tex. App. Fort Worth 2021, pet. ref’d). The Texas Court of Criminal Appeals (“TCCA”) refused Alvarado’s petition for discretionary review on June 29, 2022. Alvarado v. State, PDR No. 0933-21 (Tex. Crim. App. 2022). On January 8, 2023, Alvarado filed a state habeas application challenging his conviction and sentence. See SHCR at 11-26, ECF No. 22-19. The state habeas court issued findings of fact and conclusions of law to recommend denying relief. Id, at 100-111. Based on those findings and its independent review, the TCCA denied relief on April 19, 2023. SHCR at “Action Taken,” ECF No. 22-20. Alvarado constructively filed the instant petition for federal habeas relief on September 24, 2023. Pet. 15, ECF No. 1. Although the petition was originally filed in the Western District of Texas, the case was transferred here on October 3, 2023. ECF No. 4. Because Alvarado initially failed to pay the filing fee, this Court dismissed his petition for want of prosecution on November 21, 2023. Order, ECF No. 8. Upon Alvarado’s payment of the fee and filing of a motion to reinstate the case, the Court reinstated the case. Order, ECF No. 13. The case is now ripe for resolution. The state appellate court summarized the facts from Alvarado’s trial as follows: On March 5, 2018, Officers Jentry Cotten and Mark Stokes stopped a driver—later identified as Alvarado— who did not timely activate his turn signal and made an improper wide turn at an intersection. When Cotten approached the truck, Alvarado was “fidgeting [and] . . . shifting around in the car.” Cotten saw a black case between the seats and asked Alvarado to get out of the truck. Alvarado said there was nothing illegal in the truck and consented to a search of the truck. The case Cotten had seen contained a small amount of crystal-like substance that appeared to be methamphetamine. Cotten gave the case and its contents to Stokes, arrested and 2 handcuffed Alvarado, and placed Alvarado in the back of the patrol car. Cotten then noticed a plastic bag on the ground where Alvarado had been standing during the search of the truck. The bag contained a larger amount of crystal-like substance that appeared to be methamphetamine. Later testing confirmed that the substance in the plastic bag was more than 4 grams of methamphetamine. After Alvarado was taken to the police station and formally read his rights, he admitted that he knew there was methamphetamine in the black case in the truck, that the plastic bag of methamphetamine on the ground was his, and that he had intended to deliver the plastic bag of methamphetamine to someone. He also stated that he “got caught with seven grams of ice”—methamphetamine.

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Alvarado v. Director, TDCJ-CID, (N.D. Tex. 2024).

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