Roman Ramirez-Memije v. State

OPINION ON REMAND

Sharon McCally, Justice

A jury convicted appellant Roman Ramirez-Memije of fraudulent possession of ten or more but less than fifty items of identifying information, a second-degree felony. See Tex. Penal Code Ann. § 32.51(b), (c)(3). We hold that appellant suffered egregious harm from the inclusion of an unconstitutional mandatory presumption in the jury charge. Accordingly, we reverse the trial court’s judgment and remand for a new trial.

I. Background

The State presented evidence that appellant was a middleman in a credit card skimming operation. Appellant obtained a credit…