Barbosa v. State
537 S.W.3d 640
| Tex. App. | 2017Background
- Police investigated a Laredo residence after a confidential informant reported large quantities of marijuana stored there; officers knocked and obtained consent to enter from appellant Adrian Barbosa’s mother.
- Officers found Barbosa in a bedroom; outside, near a blue Crown Victoria on the property, officers smelled a strong odor of marijuana and a K-9 alerted to the vehicle’s trunk.
- Officers opened the vehicle (having been told by Barbosa there was no objection), and discovered ~160 pounds of marijuana, 6–7 ounces of cocaine, ~$3,000 cash, digital scales, cellophane rolls, receipts/ledger, and a notebook in the trunk.
- Forensic testing produced a latent fingerprint on the cellophane wrap that matched Barbosa; a ledger in the trunk showed drug-transaction entries continuing after the named owner of the car had died.
- Barbosa claimed the car belonged to a deceased friend, that it had been abandoned on the property for about a month, and that he had no keys or access; a jury convicted him of possession of marijuana and cocaine and assessed two 10-year sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Barbosa knowingly possessed the drugs | Barbosa: presence at site only; evidence shows at most proximity, not possession | State: multiple affirmative links — fingerprint on wrapping, strong odor, K-9 alert, ledger showing recent transactions, large quantity, scales/cash/paraphernalia, right to possess premises, and inconsistent story | Court: Evidence sufficient; affirmative links support constructive/knowing possession |
Key Cases Cited
- Adames v. State, 353 S.W.3d 854 (Tex. Crim. App. 2011) (standard for reviewing sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (1979) (rational trier of fact standard)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (lists affirmative-link factors for possession)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (constructive possession and proof by reasonable inference)
- Williams v. State, 478 S.W.3d 947 (Tex. App.—Houston [14th Dist.] 2015) (elements for possession: control and knowledge)