Christopher Lane Francis v. State

CourtCourt of Appeals of Texas
DecidedMay 18, 1994
Docket03-93-00463-CR
StatusPublished

This text of Christopher Lane Francis v. State (Christopher Lane Francis 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
Christopher Lane Francis v. State, (Tex. Ct. App. 1994).

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,


AT AUSTIN




NO. 3-93-463-CR
AND
NO. 3-93-464-CR


CHRISTOPHER LANE FRANCIS,


APPELLANT



vs.


THE STATE OF TEXAS,


APPELLEE





FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT



NOS. 90-481-K277 & 90-484-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING



PER CURIAM



In number 3-93-463-CR, a jury found appellant guilty of aggravated sexual assault and assessed punishment at imprisonment for sixty years and a $10,000 fine. Tex. Penal Code Ann. § 22.021 (West 1989). In number 3-93-464-CR, the same jury found appellant guilty of possessing less than twenty-eight grams of cocaine and assessed punishment at imprisonment for twenty years and a $10,000 fine. Texas Controlled Substances Act, Tex. Health & Safety Code Ann. § 481.115 (West 1992).

Beginning on the night of March 17, 1990, and continuing into the early hours of March 18, appellant and the complainant were drinking in the complainant's house. The complainant testified that appellant began to talk to her "about smoking cocaine and about having sex." The complainant, who admitted having drug problems in the past, refused both proposals. Appellant, however, "kept insisting that I smoke the rock cocaine, you know, that I would want to have sex with him. If I didn't, he was threatening me and my [two] kids." Under the circumstances, the complainant agreed to share the crack cocaine with appellant. They smoked it through a glass pipe belonging to appellant.

Appellant again suggested that he and the complainant have sexual intercourse. When she persisted in her refusal, appellant became violently angry. He began to beat the complainant with his fists and slam her head against the floor. He then penetrated her both vaginally and orally. The physician who treated the complainant after the assault testified that she had "massive swelling and bruising to her face and to her head. She had wounds that would be compatible with human bites, one to each arm. She had a two centimeter tear present on her left labia." The complainant sustained a "blowout fracture" to the bone surrounding one eye. The complainant was seven months pregnant at the time of this incident. After observing fetal distress, doctors performed a Caesarean section but the infant was stillborn.

Investigating officers found a broken glass pipe and two vials in the complainant's house. A trace amount of what proved to be cocaine was visible in the vials. Cocaine residue was also found on the pipe, which the officers testified was of a type commonly used to smoke crack cocaine. In a recorded statement, appellant admitted beating and sexually assaulting the complainant while high on cocaine. According to appellant's statement, he and the complainant smoked five rocks of crack cocaine on the night in question.



1. Evidence and Punishment

Appellant contends the evidence is legally and factually insufficient to sustain his conviction for possession of cocaine. In determining the legal sufficiency of evidence to support a criminal conviction, the question is whether, after viewing the evidence in the light most favorable to the verdict, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (1979); Griffin v. State, 614 S.W.2d 155 (Tex. Crim. App. 1981). When conducting a factual sufficiency review, the evidence is not viewed in the light most favorable to the verdict. Instead, all the evidence is considered equally, including the testimony of defense witnesses and the existence of alternative hypotheses. Orona v. State, 836 S.W.2d 319 (Tex. App.--Austin 1992, no pet.). A verdict will be set aside for factual insufficiency only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Stone v. State, 823 S.W.2d 375, 381 (Tex. App.--Austin 1992, pet. ref'd as untimely filed).

To establish the unlawful possession of a controlled substance, the State must prove that the accused knowingly exercised care, custody, or control over the substance. Cude v. State, 716 S.W.2d 46, 47 (Tex. Crim. App. 1986). Possession need not be exclusive, but can be jointly exercised with other persons. Id. When possession is not exclusive, there must be additional facts affirmatively linking the accused to the contraband. Id. When, as in this cause, the quantity of substance is too small to be measured, there must be evidence other than its mere possession to prove that the accused knew the nature of the substance. Shults v. State, 575 S.W.2d 29, 30 (Tex. Crim. App. 1979).

Appellant did not testify or offer any evidence in his defense. Nevertheless, he argues that the minute amount of cocaine found in the pipe and vials compels the conclusion that he believed that he had already consumed the cocaine, and therefore no longer knew he possessed the contraband within the legal meaning of possession. Citing a dissenting opinion from another court of appeals, appellant contends the State proved only the knowing prior use of cocaine, not its possession, and that the only offense proved was possession of drug paraphernalia. King v. State, 857 S.W.2d 718, 721-22 (Tex. App.--Houston [14th Dist.] 1993, pet. granted) (Sears, J., dissenting).

Appellant's argument is based on the premise that the State was required to prove he knowingly possessed the cocaine at the moment the pipe and vials were seized. In fact, the State was required to prove only that appellant possessed cocaine "on or about the 18th day of March, A.D. 1990," as alleged in the indictment. In his statement to the police, appellant confessed to smoking five rocks of crack cocaine on that date. This confession both linked appellant to the crack cocaine he admitted smoking and demonstrated his knowledge that it was contraband. Appellant's confession was corroborated by the testimony of the complainant and by the discovery of traces of cocaine in the pipe and vials. Even if we assume that appellant did not know that traces of cocaine remained in the vials and on the pipe after the rocks of crack cocaine were smoked, a rational trier of fact could conclude from the evidence that appellant knowingly exercised care, custody, and control over less than twenty-eight grams of cocaine on the date alleged. (1) Moreover, this conclusion is not so contrary to the great weight and preponderance of the evidence as to be clearly wrong and unjust.

The evidence in this cause is much stronger than that deemed sufficient by a majority of the court in King.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Solem v. Helm
463 U.S. 277 (Supreme Court, 1983)
Geesa v. State
820 S.W.2d 154 (Court of Criminal Appeals of Texas, 1991)
Burks v. State
792 S.W.2d 835 (Court of Appeals of Texas, 1990)
Orona v. State
836 S.W.2d 319 (Court of Appeals of Texas, 1992)
Griffin v. State
614 S.W.2d 155 (Court of Criminal Appeals of Texas, 1981)
Stone v. State
823 S.W.2d 375 (Court of Appeals of Texas, 1992)
Cude v. State
716 S.W.2d 46 (Court of Criminal Appeals of Texas, 1986)
State Ex Rel. Smith v. Blackwell
500 S.W.2d 97 (Court of Criminal Appeals of Texas, 1973)
Samuel v. State
477 S.W.2d 611 (Court of Criminal Appeals of Texas, 1972)
Shults v. State
575 S.W.2d 29 (Court of Criminal Appeals of Texas, 1979)
King v. State
857 S.W.2d 718 (Court of Appeals of Texas, 1993)

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