Malone v. State of Texas

Following a jury trial, appellant was convicted of twenty-two counts of possession of child pornography and was sentenced to thirty-four years of imprisonment, to be served consecutively with his federal sentence of ninety-seven months.

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Before Chief Justice Contreras and Justices Benavides and Silva Opinion by Justice Silva Following a jury trial, appellant Mark Malone a/k/a Mark Daniel Malone was convicted of twenty-two counts of possession of child pornography and was sentenced to thirty-four years of imprisonment, to be served consecutively with appellant’s federal sentence of ninety-seven months. See TEX. PENAL CODE ANN. § 43.26(a).[1] By one issue, Malone contends that the evidence is insufficient to support the jury’s verdict that he intentionally and knowingly possessed images and videos of child pornography in his mobile phone. We affirm. Background Malone was indicted for twenty-five counts of possession of child pornography based on images and videos obtained from Malone’s mobile phone. At trial, the State abandoned counts one, two, and five, and proceeded with the other twenty-two counts. The jury heard testimony from: (1) Investigator J.D. Newlin from the exploitation unit of the attorney general’s office; (2) retired Sergeant Les St. James, a digital forensic analyst from the attorney general’s office; and (3) Malone. The jury found appellant guilty on all counts and assessed a ten-year sentence on one of the counts and two-year sentences on the remaining counts. The trial court ordered the ten-year sentence and the two-year sentences in counts twelve through twenty-three to be served consecutively for a total of thirty-four years, and it ordered the two-year sentences for the remaining counts to be served concurrently with the thirty-four-year consecutive sentence. The trial court ordered the thirty-four-year sentence to be served consecutively to appellant’s federal sentence for child pornography.

Malone v. State of Texas

Following a jury trial, appellant was convicted of twenty-two counts of possession of child pornography and was sentenced to thirty-four years of imprisonment, to be served consecutively with his federal sentence of ninety-seven months.

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