Alvelo v. State
Annotate this CaseDefendant was convicted of malice murder of one victim, the aggravated assaults and false imprisonments of two other victims, possession of a knife during the commission of a crime, and concealing a death. Defendant appealed the trial court's denial of his amended motion for a new trial following a remand. The court held that the conviction and sentence for aggravated assault of the murder victim must be vacated and the case remanded for re-sentencing where defendant's conviction for aggravated assault merged into the conviction for malice murder. The court also held that the trial court did not err when it entered judgment on the jury's verdicts where there was evidence from which a rational trier of fact could have found that defendant failed to prove by a preponderance of the evidence that he was insane at the time of the crime. The court further held that the trial court did not abuse its discretion by admitting certain photographs or in its instructions to the jury. Accordingly, the court affirmed in part, vacated in part, remanding with direction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.