Demoria Harris v. State
532 S.W.3d 524
Tex. App.2017Background
- In early morning traffic stop Officer Jose Davila smelled marijuana in a car with driver and passenger Demoria Harris; he summoned backup and searched the vehicle.
- Officer Davila found two handguns: one under the driver’s seat and one inside a closed green bag on the passenger-side floorboard between Harris’s feet; the green bag was not logged into evidence.
- Harris was a convicted felon (retaliation, 2014) and was arrested after the guns were found; he never claimed ownership of the bag or guns and exhibited a calm demeanor.
- The State presented testimony identifying the gun in the bag (a working .40 Glock 22 with a large-capacity drum) but did not run fingerprints on that gun.
- The central contested legal question on appeal was whether the State produced sufficient evidence affirmatively linking Harris to the firearm (beyond mere proximity) to prove unlawful possession by a felon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to prove Harris knowingly possessed the firearm | The State: the gun's placement between Harris’s feet, the type of weapon, presence/smell of marijuana, a second gun in vehicle, Harris’s criminal history and his head-shake/silence together supported an inference of possession | Harris: only proximity (gun in bag on passenger floor) and speculative inferences; no affirmative links (no ownership, no fingerprints, not in plain view, vehicle not his, no contraband on him, no furtive conduct) | Reversed and rendered: evidence legally insufficient to link Harris to the gun; conviction cannot stand |
Key Cases Cited
- Tate v. State, 500 S.W.3d 410 (Tex. Crim. App. 2016) (standard for sufficiency review; evaluate cumulative evidence and reasonable inferences)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (due-process standard for sufficiency of evidence review)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (proximity alone insufficient to prove possession; requirement of affirmative links)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (affirmative-links rule protects innocent bystanders from conviction based on fortuitous proximity)
- Williams v. State, 313 S.W.3d 393 (Tex. App.—Houston [1st Dist.] 2009) (nonexclusive factors for linking a defendant to contraband found in a vehicle)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence may suffice if cumulative force supports guilt)