Dent, Gary Deshaun
PD-0411-15
| Tex. App. | Apr 15, 2015Background
- Gary Deshaun Dent was indicted for possession with intent to deliver a Penalty Group 3 controlled substance (400+ grams) and tried in Liberty County, Texas.
- First jury at trial deadlocked; after a mistrial a second jury convicted Dent and sentenced him to 20 years TDCJ.
- Narcotics were discovered concealed in a hollow panel area of a rental vehicle in which Dent was a passenger.
- Trooper testimony placed Dent in the vehicle during the search and described Dent as nervous; no other contraband, paraphernalia, or large cash amounts were found on Dent.
- The State did not run fingerprint analysis on the paneling where the drugs were hidden.
- The court of appeals affirmed the conviction; Dent filed a petition for discretionary review arguing the evidence was legally insufficient to prove his knowing possession with intent to deliver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to prove Dent knowingly possessed a controlled substance with intent to deliver | State argued evidence (including the large quantity of drugs found in the vehicle) supported an affirmative link to Dent and thus sufficed for conviction | Dent argued the State failed to prove affirmative links beyond mere presence: drugs were hidden out of reach, Dent did not own/rent the car, no paraphernalia or large cash, no fingerprint analysis, and proximity alone is insufficient | Court of appeals affirmed the conviction, relying in part on the amount of drugs as an affirmative-link factor; petitioner seeks discretionary review |
Key Cases Cited
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (sets standard that possession evidence must show connection beyond fortuitous proximity)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (lists non-exclusive "affirmative links" factors to connect a defendant to contraband)
- Brown v. State, 911 S.W.2d 744 (Tex. Crim. App. 1995) (discusses requirement that evidence establish more than fortuitous proximity)
- Deshong v. State, 625 S.W.2d 327 (Tex. Crim. App. 1981) (explains need for independent facts linking defendant to contraband when not in exclusive possession)
- Roberson v. State, 80 S.W.3d 730 (Tex. App.—Houston [1st Dist.] 2002) (considers weight of drug quantity as strengthening affirmative-link inference)