Blake Aaron Lawson v. State
05-14-00557-CR
| Tex. App. | Jan 13, 2015Background
- On Sept. 11, 2013, McKinney police stopped an SUV in an apartment complex known for drug activity after a traffic violation; four occupants were inside, including appellant Blake Aaron Lawson and known dealer Cody Noble.
- Driver Lauren Barnett consented to a vehicle search; an officer observed a pill bottle fall from Noble’s lap containing a small bag of marijuana; strong marijuana odor was present.
- Additional marijuana (two baggies totaling 0.41 ounces) and a wooden pipe "filled with marijuana" were found in the pocket on the back of the front passenger seat.
- Appellant sat behind the front passenger seat, approximately ten inches from the pocket; he had no drugs on his person and denied knowledge of the contraband.
- Officer testified appellant could and did smell marijuana in the vehicle; both Noble and appellant were arrested; appellant waived a jury and was convicted by the court.
- Trial court sentenced appellant to 120 days’ confinement probated for 12 months and a $100 fine; appellant appealed claiming legally insufficient evidence of knowing possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to prove appellant knowingly possessed marijuana | State: Links (proximity, accessibility, paraphernalia, odor, co-occupant who is a dealer) support inference of knowing possession | Lawson: Multiple occupants, no exclusive control, no drugs on his person, no direct proof he knew about or controlled the marijuana | Affirmed — evidence sufficient for a rational factfinder to conclude appellant knowingly possessed the marijuana |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Wise v. State, 364 S.W.3d 900 (Tex. Crim. App.) (sufficiency review principles)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (deference to factfinder on credibility/weight)
- Blackman v. State, 350 S.W.3d 588 (Tex. Crim. App.) (elements and proof of possession)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App.) (examples of links to establish possession)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App.) (circumstantial evidence may establish links)
- Taylor v. State, 106 S.W.3d 827 (Tex. App.—Dallas) (no fixed formula of links; logical force controls)