Autran v. State

830 S.W.2d 807, 1992 Tex. App. LEXIS 1585, 1992 WL 138092
CourtCourt of Appeals of Texas
DecidedMay 21, 1992
Docket09-90-072 CR
StatusPublished
Cited by11 cases

This text of 830 S.W.2d 807 (Autran v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Autran v. State, 830 S.W.2d 807, 1992 Tex. App. LEXIS 1585, 1992 WL 138092 (Tex. Ct. App. 1992).

Opinions

OPINION

BROOKSHIRE, Justice.

This case is on appeal from a conviction for the possession of a controlled substance, namely, cocaine. The case was tried on February 19, 1990 before a jury in the 260th District Court of Orange County. The Appellant entered a plea of not guilty. Appellant was found guilty, sentenced to 20 years in the Texas Department of Criminal Justice and assessed a fine of $10,000. The Appellant was sentenced by the trial court on February 27, 1990, in accordance with the jury’s verdict. Appellant filed his motion for new trial but the motion was denied on March 28, 1990. Thereafter, on April 9, 1990, Appellant filed his written notice of appeal.

Appellant advances two points of error. The Appellant contends that the evidence was insufficient to support the conviction and that his motion to suppress should have been granted.

In order to discuss each of the Appellant’s points of error this Court is required to do an extensive factual recitation from the record. The pertinent facts are as follows: that on October 2, 1989, at about 1:45 a.m., the Appellant was stopped by a Deputy Bailey for a traffic violation. The Appellant was the driver. Appellant was driving a 1984 4-door Chevrolet Impala. Appellant was accompanied by his 19-year-old son. The Appellant and his son were enroute from Houston to his home in Miami. The Appellant and his son had spent several days in Houston before the return trip. The purpose of the trip was for the Appellant to receive an unspecified amount of cash and deliver the money in Miami. The amount of money turned out to be approximately $490,000.

During their stay in Houston, the Appellant released the car to two men who had [809]*809to put the money in the car. This release to two men was done on Sunday before their departure. The Appellant gave the men the spare key box containing a key to the automobile. When the car was returned, the spare key box was on the front seat of Appellant’s car. Appellant stated that the spare key box was empty upon his examination of it upon the return of the car.

When the car was returned, the Appellant and his son left Houston for Miami. They stopped at a service center to rest and also to replace a fuse. The Appellant went into the service center and the son stayed in the car to replace the fuse which was located in the front seat area of the car.

While enroute to Miami on Interstate 10, the Appellant was stopped for failure to maintain his vehicle within a single marked lane. The Appellant was actually traveling west on Highway 12. The deputy observed the vehicle as it crossed the center stripe of the highway. The deputy pulled his vehicle behind the Appellant’s vehicle, whereupon the deputy activated his emergency lights and take-down lights. The deputy followed the vehicle and observed the head of someone going up and down. Also, the deputy stated that he observed the driver lean across the front seat area to open the glove box. The Appellant continued to travel for over one-half mile before he came to a stop. The driver continued to lean over even after the car had stopped. The road was a two-lane highway with improved shoulders and there was nothing to prohibit the driver from pulling over during the one-half mile distance he continued to travel after the deputy had engaged his lights.

After being stopped, the Appellant identified himself by his Florida driver’s license. The Appellant admitted that he owned the vehicle and showed the vehicle identification card. The Appellant appeared disoriented because he thought that he was in Louisiana on Highway 12. Appellant was mistaken. The Appellant consented to the deputy’s request to search the inside and trunk area of the vehicle. The deputy observed a large styrofoam cooler on the floorboard in the back seat area right behind the driver’s seat. Also in the back seat were other items. The Appellant opened the trunk. Inside the trunk was a large, 48-quart ice chest, a cardboard box, a shopping bag, and two suitcases. The deputy attempted to open the ice chest but then the Appellant slammed the trunk shut.

The Appellant and his son were arrested. The Appellant was charged with failure to stay within a single marked lane. The Appellant’s son was arrested for public intoxication. The Appellant was not intoxicated and neither did he give the appearance of being intoxicated.

Pursuant to departmental procedure, later the deputies began a vehicle inventory. This search was conducted in the early hours of the morning when it was still dark. The deputies started 'with the trunk and found large sums of U.S. currency in the ice chest, the box and a plastic bag at which point they decided to stop the inventory search. The deputies radioed in for a tow truck which the Sheriff’s Department provided. The Appellant’s vehicle was towed in.

At the Sheriff’s Department the inventory-search was continued. The money and contents of the trunk were secured. The officers proceeded to audit the passenger side of the vehicle. The Jefferson County Crime Lab was called in and its personnel brought a solution to wash the money since there was some white, powdery substance on the money. The Sheriff’s Department wanted to test this white, powdery substance for identification purposes. The money was counted at the Sheriff’s Department.

The search of the vehicle was continued with the assistance of Detective Hargrave and Lieutenant Westbrook. The second inventory search began some time after 6:00 a.m. Detective Hargrave stated that he found a small black plastic key box with a magnet on one side of it and it was attached to the underside of the driver’s seat. The box was located for easy access for anyone who was sitting behind the steering [810]*810wheel. When the detective looked under the seat, the box was clearly visible to him.

Inside this box was a white, powdery substance which was identified as cocaine. The Appellant admitted he was the owner of the spare key box which was a black box.

Also, a Detective Dorsey was called out about 6:00 a.m. on October 2, 1989. Detective Dorsey assisted in the counting of the money that had been found in the trunk of the Appellant’s vehicle. Furthermore, he stated that a white, powdery substance was on the money. He conducted the washing of the money after being instructed by the Crime Lab as to the proper procedure of how it was done. The wash was submitted to the Crime Lab and it was analyzed and found to contain cocaine. Most of the white, powdery substance was found on the currency in the cardboard box. The Appellant admitted on cross-examination that the contents in the trunk of the vehicle, such as the luggage and the box, were his.

Insufficiency Issues

The standard of review for sufficiency of the evidence on appeal is the same for direct and circumstantial evidence cases. The standard is to view the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Ransom v. State, 789 S.W.2d 572 (Tex.Crim.App.1989); Carlsen v. State, 654 S.W.2d 444 (Tex.Crim.App.1983) (Opinion on rehearing); Freeman v. State, 654 S.W.2d 450 (Tex.Crim.App.1983) (Opinion on rehearing); Denby v. State,

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Autran v. State
830 S.W.2d 807 (Court of Appeals of Texas, 1992)

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Bluebook (online)
830 S.W.2d 807, 1992 Tex. App. LEXIS 1585, 1992 WL 138092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/autran-v-state-texapp-1992.