Bernardo Torres Junior v. State
2015 Tex. App. LEXIS 4757
| Tex. App. | 2015Background
- Appellant Bernardo Torres, Jr. was convicted of possession of a controlled substance (methamphetamine) and theft; jury-ordered sentences include 25 years for possession and six months for theft.
- Police executing an arrest warrant searched Torres, Sr.'s front house; several rooms contained drugs, drug paraphernalia, firearms, ammunition, and stolen property.
- Torres, Jr. was found in the home; wallet and money, scales, and methamphetamine were located in living areas near him; cash allegedly linked to drug activity.
- A stolen firearm was found in the home, adjacent to appellant’s belongings; a large amount of cash (2,225) was seized with a narcotics odor indicated by a dog alert.
- The State argued Torres possessed the methamphetamine with intent to deliver and that he exercised control over the stolen gun; defense challenged both the possession and theft links.
- Court held there was legally sufficient evidence to affirm possession conviction but insufficient evidence to sustain the theft conviction, reversing and acquitting Torres of theft.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of possession evidence | State argues affirmative links support possession | Torres contends lack of direct control and insufficient links | Affirmed: legally sufficient evidence for possession |
| Legal sufficiency of theft evidence | State contends possession plus links show theft | Torres contends no evidence of when/how he acquired the gun | Reversed and acquitted: insufficient evidence of theft |
Key Cases Cited
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (standard for reviewing evidence sufficiency in criminal cases)
- Jackson v. Virginia, 443 U.S. 307 (1989) (due process standard for sufficiency review)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (requires evidence of defendant's control and knowledge of contraband)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (affirmative links framework for possession)
- Marbles v. State, 874 S.W.2d 225 (Tex. App.—Houston [1st Dist.] 1994) (possession plus corroborating facts needed for theft)