Poindexter v. State

153 S.W.3d 402, 2005 Tex. Crim. App. LEXIS 3, 2005 WL 50194
CourtCourt of Criminal Appeals of Texas
DecidedJanuary 12, 2005
DocketPD-1816-03
StatusPublished
Cited by1,399 cases

This text of 153 S.W.3d 402 (Poindexter 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
Poindexter v. State, 153 S.W.3d 402, 2005 Tex. Crim. App. LEXIS 3, 2005 WL 50194 (Tex. 2005).

Opinion

OPINION

COCHRAN, J.,

delivered the opinion of the unanimous Court.

After a bench trial, appellant was convicted of the felony offense of possession of a controlled substance with intent to deliver. The Corpus Christi Court of Appeals held that the evidence was legally insufficient, reversed the conviction, and ordered an acquittal. 1 We granted the State’s Petition for Discretionary Review to determine whether the court of appeals erred in finding that appellant was not affirmative *404 ly linked to the cocaine found in various locations in his home. 2 Assessing all the evidence — including the unobjected-to hearsay — in the light most favorable to the verdict, we find that the evidence links appellant to the contraband and is sufficient to support his conviction. We reverse the court of appeals’ judgment of acquittal and remand for consideration of appellant’s remaining claims.

I.

We quote the court of appeals’ summary of the evidence:

On January 18, 2001, members of the Tri-County Narcotics Task Force serving Aransas, Nueces, and San Patricio Counties (the “narcotics officers”) secured a search warrant for 1307 Van Loan, located in Corpus Christi. The warrant identified “a black male subject known only as Poindexter, aged approximately mid 60’s” and authorized his arrest along with the “other occupants of the suspected place whose names and physical descriptions are unknown.” The search warrant was issued expressly on the basis of an affidavit executed by narcotics officer Russell Kirk. That affidavit accused Poindexter of illegal drug possession based only on the following statements regarding a confidential informant (“Cl”): “Cl informed me that Cl was inside Suspected Place within the past 24 hours and that Cl personally observed the Suspected Party in possession of a quantity of cocaine, therein.”
The affidavit referred to a drug buy that occurred on January 17, 2001. On that day, Officer Kirk drove his Cl to 1307 Van Loan, where the Cl got out of the car and went into the house. Officer Kirk stayed in his car, which he parked down the street. Before the Cl emerged from the house, a gray dually pickup truck arrived and parked in the driveway. Officer Kirk could not see or identify its driver. He did not record its license plate number. Subsequently, the Cl emerged from the house and met up with Officer Kirk. The Cl had successfully purchased $100 worth of crack cocaine, which Officer Kirk testified the Cl did not have before entering the house at 1307 Van Loan.
On January 19, 2001, the narcotics officers executed a warrant on the location. No one was home. The narcotics officers gained access to the home by beating down the front door with a battering ram. The officers conducted a systematic search of the house, which uncovered narcotics and paraphernalia. The contraband was found in two locations: a bedroom towards the front of the house (the “front bedroom”) and the master bedroom.
In the front bedroom, the officers found crack residue caked in several vials sitting on a plate found either inside or on top of a dresser. In the master bedroom, the officers discovered *405 cocaine, crack cocaine, razor blades, several small plastic bags, and a scale with cocaine residue on it. These items were discovered in two different closets. The crack cocaine was found in a small tin box of breath mints hidden in the ceiling of the master bedroom’s linen closet. 3 Some cocaine was also found stuffed in the same spot. Additionally, the officers discovered a few small plastic bags hidden inside a brown paper bag on the top shelf of the linen closet. Finally, they found a scale and razor blades inside a different closet located in the master bedroom. No fingerprints or photographs were taken, but the evidence was collected and sent to the lab for testing. The contraband was confirmed to be cocaine and crack cocaine. 4

The court of appeals declined to consider the probative value of the C.I.’s unob-jected-to out-of-court statements that appellant possessed cocaine, sold cocaine, and hid the cocaine in an open hall closet. 5 It also concluded that, because there was some evidence indicating that another person was present in the house at the time the C.I. bought crack cocaine, the State failed to prove that appellant had exclusive possession of the house. 6 Finally, it stated that there were insufficient affirmative links between appellant and the drugs and drug distribution materials found in the house, and therefore no rational trier of fact could find that the evidence was legally sufficient to support his conviction. 7

II.

When deciding whether evidence is sufficient to support a conviction, a reviewing court must assess all the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. 8 To prove unlawful possession of a controlled substance, the State must prove that: (1) the accused exercised control, management, or care over the substance; and (2) the accused knew the matter possessed was contraband. 9 Whether this evidence *406 is direct or circumstantial, “it must establish, to the requisite level of confidence, that the accused’s connection with the drug was more than just fortuitous. This is the whole of the so-called ‘affirmative links’ rule.” 10

The “affirmative links rule” is designed to protect the innocent bystander from conviction based solely upon his fortuitous proximity to someone else’s drugs. 11 This rule simply restates the common-sense notion that a person — such as a father, son, spouse, roommate, or friend — may jointly possess property like a house but not necessarily jointly possess the contraband found in that house. 12 Thus, we have formulated the rule that “[w]hen the accused is not in exclusive possession of the place where the substance is found, it cannot be concluded that the accused had knowledge of and control over the contraband unless there are additional independent facts and circumstances which affirmatively link the accused to the contraband.” 13

In deciding whether the evidence is sufficient to link the defendant to contraband,' the trier of fact is the exclusive judge of the credibility of the witnesses and the weight to be given to their testimony. 14

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Cite This Page — Counsel Stack

Bluebook (online)
153 S.W.3d 402, 2005 Tex. Crim. App. LEXIS 3, 2005 WL 50194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poindexter-v-state-texcrimapp-2005.