Dallas Carl Tate v. State
463 S.W.3d 272
| Tex. App. | 2015Background
- Around 2:00 p.m. officer Beckham stopped Tate’s car for suspected outstanding warrants; two female passengers (Proctor front, Hale rear) and a dog were in the vehicle. Tate exited and was handcuffed and detained while officers awaited transport.
- Beckham observed the front-seat passenger moving around and later asked both women to exit; approximately five minutes elapsed between Tate’s removal and the women exiting.
- The vehicle was impounded under department policy; during an inventory search an open cubby under the AC/heater control (to the right of the driver) contained a syringe with .24 g of methamphetamine.
- Beckham testified the syringe was within reach of Tate and Proctor but he did not see it when he first approached or while Tate was being removed; the syringe was not fingerprinted.
- Tate claimed ownership of the car but produced no proof; at trial the jury convicted Tate of possession of methamphetamine (<1g); the appellate majority reversed and rendered an acquittal for insufficient evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Tate) | Held |
|---|---|---|---|
| Whether evidence sufficiently links Tate to contraband found in vehicle to prove knowing possession | Syringe was in plain view in an open cubby conveniently accessible to the driver of a car Tate drove/claimed to own; inventory and purse searches found no contraband on passengers | No proof syringe was in that cubby while Tate was in the car; passengers moved and could have placed it during the gap; driver status alone insufficient | Reversed conviction; evidence legally insufficient — driver/owner status plus accessible location, without evidence it was there while Tate was present, fails to create necessary "logical force" to prove knowing possession |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review under due process)
- Dobbs v. State, 434 S.W.3d 166 (Tex.Crim.App.) (apply Jackson; defer to factfinder on credibility)
- Evans v. State, 202 S.W.3d 158 (Tex.Crim.App.) (links-to-contraband framework for proving possession)
- Poindexter v. State, 153 S.W.3d 402 (Tex.Crim.App.) (possession must be more than fortuitous)
- Roberson v. State, 80 S.W.3d 730 (Tex.App.—Houston [1st Dist.]) (driver status alone insufficient; comparison facts supporting acquittal)
- Greene v. Massey, 437 U.S. 19 (remedy of acquittal on reversal)
- Burks v. United States, 437 U.S. 1 (limiting retrial after insufficiency reversal)