Antwan Douglas v. State, 05-13-01442-CR

Off-duty officer Murphy observed Douglas leaning into an open Jeep not his own, left when spotted, and Murphy called 911 after following him at a distance.
Off-duty bicycle officers Sanchez and M. Rodriguez detained Douglas; searches of his person at the scene revealed no weapons, but marijuana was found in his bag.
Officers Morris and G. Rodriguez transported Douglas to the jail; Douglas was fidgety in the back seat and repeatedly moved while handcuffed behind his back.
During booking Douglas removed multiple layers of clothing; officers found an empty gun holster in one pair of pants and identification bearing his real name.
G. Rodriguez then looked into the patrol car and saw a loaded 9mm firearm on the backseat floorboard in plain view; the patrol car had been checked and cleared before the shift and only Douglas and G. Rodriguez had been in it.
Procedural: Douglas waived a jury, pleaded not guilty, stipulated to two prior felonies; trial court found him guilty, enhancements true, and assessed 25 years. The appellate court modified the judgment to reflect plea was not guilty, no plea bargain, and affirmed as modified.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence that Douglas possessed the firearm	State: evidence (holster in Douglas's clothing; gun found in backseat floorboard of patrol car cleared before shift; Douglas was sole person with access; fidgeting in car) links Douglas to gun	Douglas: searched before transport, handcuffed behind back in patrol car, and someone else could have placed gun in car during booking	Court: Evidence sufficient to prove knowing/intentional possession; overrules insufficiency challenge
Trial court judgment incorrectly states plea and plea bargain terms	State agrees modification needed	Douglas requests judgment show not guilty plea and no plea bargain	Court sustains and directs modification: Plea to offense = Not Guilty; Terms of Plea Bargain = None
Record of enhancement pleas/findings is inaccurate or unclear	State: record shows Douglas pleaded true to two prior felonies and court found both true	Douglas requests judgment reflect true pleas/findings	Court modifies judgment to show pleas to 1st and 2nd enhancement paragraphs = True and findings on both = True

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
Wise v. State, 364 S.W.3d 900 (Texas sufficiency review authority)
Brooks v. State, 323 S.W.3d 893 (deference to factfinder on credibility/weight)
Bates v. State, 155 S.W.3d 212 (need for independent facts linking defendant to extraneous firearm)
Evans v. State, 202 S.W.3d 158 (possession can be inferred from circumstantial evidence)
Bigley v. State, 865 S.W.2d 26 (authority for correcting judgments on appeal)
Asberry v. State, 813 S.W.2d 526 (procedural support for judgment modification)