Acosta, Genaro Galvan Jr., PD-0967-15

Acosta was indicted for possession of 50 pounds or less but more than five pounds of marijuana (cause L-13-0096-CR-B).
He was convicted by a jury in the 156th District Court, Live Oak County, and sentenced to 12 years’ confinement.
Corpus Christi Court of Appeals reversed and rendered acquittal, finding the evidence legally insufficient under Jackson v. Virginia.
State filed a petition for discretionary review seeking to overturn the acquittal; extension granted to file the petition.
Evidence at trial included DPS stops, nervous behavior, inconsistencies with the vehicle’s registered owner, and contraband located in a spare tire.
Appellee argues the appellate court conflicted with Evans and Poindexter and that there was a material disagreement on a key legal standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved possession beyond a reasonable doubt	Acosta had affirmative links; allowed inference of possession	Evidence did not show Acosta knowingly possessed contraband	Yes, insufficient; acquittal proper

Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (affirmative links analysis for possession)
Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (affirmative links framework; knowledge and control required)
Jackson v. Virginia, 443 U.S. 307 (1989) (standard for reviewing sufficiency of evidence)
Jenkins v. State, 76 S.W.3d 709 (Tex. App.—Corpus Christi 2002) (movement alone not enough; need affirmative links)
Lassaint v. State, 79 S.W.3d 736 (Tex. App.—Corpus Christi 2002) (affirmative links factors; non-dispositive weigh)
Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (hypothetically correct jury charge standard)
Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (deference to jury’s resolution of conflicts in testimony)