A 42-year-old Henry man who was convicted of a charge of Possession of a Controlled Substance has lost his appeal to the Nebraska Court of Appeals.
Alfredo Flores was initially charged with 1st Degree Assault, Use of a Weapon to Commit a Felony, Felon in Possession of a Firearm and Possession of a Controlled Substance following his January, 2018 arrest.
However a Scotts Bluff County District Court jury found Flores not guilty on the first three charges, but did find him guilty of the fourth count.
Flores and another man were arrested following a report of assault. During a search warrant of Flores’ home, investigators found suspected drugs and paraphernalia, a handgun, and other items associated with the assault.
Following his conviction, Flores was sentenced to 270 days in jail with credit for 209 days already served. He filed an appeal, stating there was insufficient evidence for a conviction and the district court erred in not granting motions for a directed verdict.
Today, the Nebraska Court of Appeals ruled that because Flores did not specifically argue the Directed Verdict error, they would not address it further.
As for the necessary evidence needed to convict, the Court of Appeals ruled that since Flores lived at the residence, knew of the presence of the methamphetamine in the house and had exercised control over it. Despite not physically being in possession of the methamphetamine, there was enough evidence to convict him on the possession charge.