Austin Lee Harmon A/K/A Austin Lee Harmon Sr. v. State
14-14-00529-CR
| Tex. App. | Sep 15, 2015Background
- Police executed a search warrant at 4315 Pradice Street on Nov. 15, 2012, based on an affidavit alleging Austin Lee Harmon sold and possessed cocaine at the residence.
- During a security sweep officers forced open a padlocked master-bedroom closet and later found 2.84 grams of crack cocaine in the pocket of a Hawaiian-style shirt hanging in that closet.
- Harmon was arrested and indicted for possession of 1–4 grams of cocaine within 1,000 feet of a school, with a prior-felony enhancement; jury convicted and assessed 15 years and a $10,000 fine.
- Harmon moved to suppress the evidence, arguing the affidavit failed to establish probable cause (staleness, informant reliability, and conclusory statements); the trial court denied the motion.
- At trial the State presented testimony that Harmon was the only male in the house, the closet appeared to contain men’s clothing, only Harmon and his girlfriend had access to the locked closet (Harmon had the key), and the girlfriend denied knowledge of the cocaine; jury convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search-warrant affidavit established probable cause to search Harmon’s residence | Affidavit asserted informant saw Harmon with cocaine within 72 hours, informant had a track record, and criminal history corroborated; therefore probable cause existed | Harmon argued affidavit was stale, failed to show informant reliability or provide nonconclusory detail tying cocaine to the residence | Affiant’s averments and reasonable inferences supplied a fair probability of drugs at the residence; magistrate had substantial basis to issue the warrant — suppression denied |
| Whether evidence was sufficient to prove Harmon’s possession of the cocaine beyond a reasonable doubt | State argued affirmative links: Harmon was the only man in the home, closet contained men’s clothing, closet was padlocked with Harmon’s key, only Harmon and girlfriend had access, girlfriend disclaimed knowledge | Harmon argued possession evidence was only proximity and no proof the shirt or drugs belonged to him | Viewing evidence in the light most favorable to the verdict, jury reasonably inferred Harmon’s control/knowledge of the cocaine; sufficiency upheld |
Key Cases Cited
- Valtierra v. State, 310 S.W.3d 442 (Tex. Crim. App. 2010) (bifurcated standard of review for suppression rulings)
- Moreno v. State, 415 S.W.3d 284 (Tex. Crim. App. 2013) (deference to magistrate’s probable-cause determination; four-corners review)
- State v. Duarte, 389 S.W.3d 349 (Tex. Crim. App. 2012) (totality-of-circumstances test for probable cause; informant track-record significance)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances standard for probable cause)
- Hegdal v. State, 488 S.W.2d 782 (Tex. Crim. App. 1972) (informant with prior reliable tips can supply probable cause)
- Capistran v. State, 759 S.W.2d 121 (Tex. Crim. App. 1988) (informant reliability and recency can support probable cause)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (elements and affirmative-links rule for possession)