Washington v. State

215 S.W.3d 551, 2007 WL 178622
CourtCourt of Appeals of Texas
DecidedJanuary 25, 2007
Docket06-06-00171-CR
StatusPublished
Cited by45 cases

This text of 215 S.W.3d 551 (Washington 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
Washington v. State, 215 S.W.3d 551, 2007 WL 178622 (Tex. Ct. App. 2007).

Opinion

215 S.W.3d 551 (2007)

Christopher Shantel WASHINGTON, Appellant,
v.
The STATE of Texas, Appellee.

No. 06-06-00171-CR.

Court of Appeals of Texas, Texarkana.

Submitted January 25, 2007.

*553 Scott Rectenwald, Marshall, for appellant.

Al Davis, Assistant District Attorney, Marshall, for State.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

At approximately 4:00 a.m., October 16, 2005, a Marshall police officer observed a Cadillac quickly enter and leave the parking lots of two motels known for high drug activity. The officer briefly followed the car and stopped it for a missing license plate light. See TEX. TRANSP. CODE ANN. § 547.322(g) (Vernon 1999). On approaching the car, the officer smelled "a strong odor of burnt marijuana." He searched the car after removing the driver, Christopher Shantel Washington, and three passengers from the car. In addition to finding loose marihuana residue (seeds and leaves) scattered throughout the car, the officer found, in plain view, several rocks of what appeared to be crack cocaine "in the driver's vicinity" on the driver's side floorboards. On further search, the officer found what appeared to be another rock of crack cocaine between the driver's seat cushions. He also found a cooler containing cash, a digital scale with a powdery residue, plastic shopping bags containing cash, and, in the trunk, a locked safe containing still more cash and a wallet. In the wallet retrieved from the safe in the trunk, police later found what appeared to be another rock of crack cocaine.

A jury found Washington guilty of possessing cocaine and assessed his punishment at two years' confinement in a state-jail facility and a $10,000.00 fine. On appeal, Washington challenges only the factual sufficiency of the evidence. Specifically, Washington asserts the evidence is insufficient to link him to any intentional or knowing possession of cocaine found in his vehicle.

(1) Standard of Review

In a factual sufficiency review, the appellate court views all the evidence in a neutral light and determines whether the evidence supporting the verdict is so weak that the jury's verdict is clearly wrong and manifestly unjust or whether the great weight and preponderance of the evidence is contrary to the verdict. Watson v. State, 204 S.W.3d 404, 417 (Tex. Crim.App.2006); see also Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App.2000); Clewis v. State, 922 S.W.2d 126, 134 (Tex. Crim.App.1996). Conflicts in the evidence are to be resolved by the jury. In doing so, it may accept one version of facts and reject another or reject any of a witness' testimony. Penagraph v. State, 623 S.W.2d 341 (Tex.Crim.App.1981). It is the jury's job to judge the credibility of the witnesses and the weight to be given their testimony, and it may resolve or reconcile conflicts in the testimony. Wesbrook v. State, 29 S.W.3d 103, 111 (Tex.Crim.App. 2000). When evidence both supports and conflicts with the verdict, we must assume that the fact-finder resolved the conflict in favor of the verdict. Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Again, our role is not to "find" facts; rather, it is to see if we can determine that the verdict is against the great weight of the evidence presented at trial so as to be *554 clearly wrong and unjust. See Clewis, 922 S.W.2d at 135.

(2) Links Between the Accused and the Controlled Substance

A conviction for possession of cocaine, a penalty group 1 controlled substance, see TEX. HEALTH & SAFETY CODE ANN. § 481.102(3)(D) (Vernon Supp.2006), is supported only when the defendant "knowingly or intentionally possesses" the cocaine. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(a) (Vernon 2003). Proof of possession requires evidence that the accused exercised "actual care, custody, control, or management" over the substance. TEX. PENAL CODE ANN. § 1.07(a)(39) (Vernon Supp.2006); see also TEX. HEALTH & SAFETY CODE ANN. § 481.002(38) (Vernon Supp.2006). Thus, the State must prove the accused (1) exercised "actual care, custody, control, or management over the [contraband]" and (2) knew that the matter "possessed" was contraband. Martin v. State, 753 S.W.2d 384, 386 (Tex.Crim. App.1988).

When an accused is not in exclusive possession of the place where contraband is found, it cannot be concluded he or she had knowledge or control over the contraband unless there are additional independent facts and circumstances that link the accused to the contraband. Poindexter v. State, 153 S.W.3d 402 (Tex.Crim.App. 2005). These "links" may be either direct or circumstantial and must establish, to the requisite level of confidence, that the accused's connection with the drug was more than just fortuitous.

The number of links present is not as important as the degree to which they tend to link the defendant to the controlled substance. Taylor v. State, 106 S.W.3d 827, 831 (Tex.App.-Dallas 2003, no pet.); Williams v. State, 906 S.W.2d 58, 65 (Tex.App.-Tyler 1995, pet. ref'd); Whitworth v. State, 808 S.W.2d 566, 569 (Tex. App.-Austin 1991, pet. ref'd). There is no set formula of facts that dictate a finding of links sufficient to support an inference of knowing possession of contraband. Porter v. State, 873 S.W.2d 729, 732 (Tex. App.-Dallas 1994, pet. ref'd). Nonetheless, recognized factors include whether: (1) the contraband was in plain view or recovered from an enclosed place; (2) the accused was the owner of the premises or the place where the contraband was found; (3) the accused was found with a large amount of cash; (4) the contraband was conveniently accessible to the accused; (5) the contraband was found in close proximity to the accused; (6) a strong residual odor of the contraband was present; (7) the accused possessed other contraband when arrested; (8) paraphernalia to use the contraband was in view, or found on the accused; (9) the physical condition of the accused indicated recent consumption of the contraband in question; (10) conduct by the accused indicated a consciousness of guilt; (11) the accused attempted to flee; (12) the accused made furtive gestures; (13) the accused had a special connection to the contraband; (14) the occupants of the premises gave conflicting statements about relevant matters; (15) the accused made incriminating statements connecting himself or herself to the contraband; (16) the quantity of the contraband; and (17) the accused was observed in a suspicious area under suspicious circumstances. See Lassaint v. State,

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Bluebook (online)
215 S.W.3d 551, 2007 WL 178622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-state-texapp-2007.