Langham v. State

305 S.W.3d 568, 2010 Tex. Crim. App. LEXIS 21, 2010 WL 715309
CourtCourt of Criminal Appeals of Texas
DecidedMarch 3, 2010
DocketPD-1780-08
StatusPublished
Cited by292 cases

This text of 305 S.W.3d 568 (Langham v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langham v. State, 305 S.W.3d 568, 2010 Tex. Crim. App. LEXIS 21, 2010 WL 715309 (Tex. 2010).

Opinions

[571]*571 OPINION

PRICE, J.,

delivered the opinion of the Court

in which MEYERS, WOMACK, JOHNSON, HOLCOMB and COCHRAN, JJ., joined.

In this prosecution for possession of a controlled substance, a police officer was permitted to testify before the jury about what a confidential informant had told him with respect to the scope of the appellant’s involvement in drug activities in the house that she shared with her boyfriend and others. The Eleventh Court of Appeals held that the testimony was not objectionable under the Confrontation Clause of the Sixth Amendment to the United States Constitution because it was not testimonial.1 Alternatively, the court of appeals held that admission of the testimony, if constitutional error, was harmless in any event under Rule 44.2(a) of the Texas Rules of Appellate Procedure.2 We granted the appellant’s petition for discretionary review in order to examine these holdings.3

FACTS AND PROCEDURAL POSTURE

The appellant was indicted for the offense of possession of cocaine in an amount less than a gram, a state-jail felony.'4 A jury found her guilty of that offense. The appellant elected to go to the judge for assessment of punishment, and the trial court sentenced her to 18 months’ confinement in a state-jail facility but suspended the imposition of sentence and placed her on community supervision for a period of three years.

The Trial

The guilt phase of trial was relatively brief. The State called only two witnesses in its case-in-chief. Its first witness was Larry Todsen, a forensic scientist with the Texas Department of Public Safety’s crime lab in Abilene. Todsen testified that Rodney Smith, a detective with the Narcotics Unit of the Abilene Police Department, had presented him with two small baggies containing substances that he tested and found to be cocaine. One of the baggies contained only one milligram of cocaine, or “one-one/thousandth of a gram[.]” The other baggie contained only seven milligrams, or “[sjeven one-thousandths of a gram[.]” These are, Todsen conceded, “trace” amounts. He also conceded that it is “possible” that a person could have such a trace amount of a substance “on them and not even be aware of it[.]” The amount was sufficiently small, he said, that “all or nearly all of the substance ... was used in the analysis.”

The State’s other case-in-chief witness was Detective Smith. After explaining to the jury that many of his investigations begin with tips from confidential informants, Smith gave the following testimony that is the subject of this appeal:

Q Okay. Are you familiar with an address at 5301 Encino?
A Yes, ma’am, I am.
Q Is that address in Abilene, Taylor County, Texas?
A Yes, it is.
Q And at some point, did you receive information from a confidential informant regarding that address?
A I did.
Q And what was the content of that information?
[DEFENSE COUNSEL]: Objection, hearsay. Denial of confrontation and contrary to Crawford versus Washington.
[572]*572THE COURT: Appreciate it. The objection is overruled.
Q (BY [PROSECUTOR]) What was the content of that information?
A Information was specific and that the — it was a residence that was located on Encino, 5301 Encino; that that particular residence was being used as a place where drugs were trafficked, were being sold, becoming — the specific drug was mentioned as being cocaine, crack cocaine, and one individual was given to me by name, and then others who were there at the residence while this was taking place were also given to me by description.
Q Okay. Now, you said that the confidential informant gave you one person by name?
A Yes.
Q Who was that person?
A His name was Charlie Collins.
Q Is he a person you are familiar with? A Yes, he is.
Q How do you know him?
A Through numerous investigations through both personal, and I have addressed him personal in the past, and through information, also through other informant information.
Q Do you know him by any other names?
A Yes, I do.
Q What do you know him as?
A His street name is Spyder.
Q Okay. And the information that you received on the other parties involved, could you tell the jury what that information was?
[DEFENSE COUNSEL]: Your Hon- or, we would also object to that as also being hearsay in violation of confrontation under both Texas and U.S. Constitutions as well as contrary to Crawford versus Washington.
THE COURT: Objection is noted. It’s overruled.
THE WITNESS: In regards to the other information I received of the other people that were present at the residence? And I believe that’s the question.
Q (BY [PROSECUTOR]) That is the question.
A The — several people were living at the residence. There were Charlie Collins, that I have already mentioned, is at that time or was at that time operating a crack cocaine distribution business out of the house, had a girlfriend, a live-in girlfriend or someone that was living there at the time with him that was also involved. And then there were some other people, two other people that were also residents of the house, or that were there in care, custody, control of the house as well.
Q Do you recall specifically what the identifying information was on Spy-der’s girlfriend?
A Specifically, I don’t have that in front of me. She was later identified, a black female. I don’t have that information on that search warrant in front of me.5

On the basis of this information, Smith obtained a search warrant. At approximately 11:23 a.m. on August 3, 2005, he led a police raid on the residence.

Upon entering the house, the police discovered Collins and the appellant (who is a black female) together in the main bedroom of the house. They also discovered two other individuals, Daniel Kilcrease and his wife, Betty Ann Kilcrease (who is white), in another bedroom, which they were renting from Collins and the appellant. A search of the house uncovered [573]*573“trace” amounts of cocaine in several places. In a pantry in the kitchen, the police found a small ceramic plate, and “just above” the pantry they discovered a single-edged razor blade.6 On the plate they found “a good quantity of powder traces[.]” This turned out to be the “one-one thousandth of a gram” quantity that Todsen later determined to be cocaine.

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Cite This Page — Counsel Stack

Bluebook (online)
305 S.W.3d 568, 2010 Tex. Crim. App. LEXIS 21, 2010 WL 715309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langham-v-state-texcrimapp-2010.