Franklin Joseph Bowers v. State
10-14-00311-CR
| Tex. App. | Nov 19, 2015Background
- Defendant Franklin Joseph Bowers was convicted by a jury of illegal dumping (state jail felony) for disposing or allowing disposal of 1,000+ pounds of solid waste on property he occupied; sentence: 24 months in state jail, suspended, 5 years community supervision.
- Property complaints began in 2009; Bowers moved onto the property after the owner died and title transferred to him on August 31, 2011.
- Multiple notices and complaints were issued between 2009–2013; Captain Betik documented conditions and arrested Bowers in September 2013.
- TCEQ investigator Jonathon Newcom inspected the property in February 2014 and estimated ~254 cubic yards (~57,000 pounds) of mixed household and construction waste.
- Bowers admitted he bagged and stacked trash on the property, lacked regular trash service, and had attempted cleanup with help; he argued some waste was generated on the property and contested evidentiary items.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support >1,000 lb element | State: accumulated waste while Bowers occupied property exceeded 1,000 lbs; photos and expert estimates support conviction | Bowers: weight must be from a single act; evidence shows accumulation over time, not one disposal | Court: Evidence (photographs, testimony, Newcom estimate, admissions) sufficient; statute does not require a single-act disposal; affirm conviction |
| Applicability of owner-generated disposal exception (Tex. Health & Safety §365.012(l)) | State: even if some waste was owner-generated, jury could find ≥1,000 lbs of waste not generated on site; exception not met | Bowers: exception should bar prosecution because waste was generated on land he owned and not for commercial purpose | Court: Jury reasonably rejected the defense; evidence supports finding exception inapplicable; upheld conviction |
| Admissibility of Newcom's testimony (investigation in Feb 2014) | State: Newcom’s measurements and testimony are relevant to quantity of waste and probative of felony element | Bowers: Testimony was prejudicial and temporally remote from arrest (Sept 2013) | Court: Trial court did not abuse discretion; testimony relevant to weight calculation and probative value outweighed prejudice |
| Admissibility of Newcom’s photographs | State: Photos (with scale stick) corroborate measurements and quantity estimates | Bowers: Photographs more prejudicial than probative and post-arrest timing undermines relevance | Court: Photos admissible; any error harmless given other proof and arrest-time photos; no reversal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing legal sufficiency of evidence)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can support conviction)
- Lucio v. State, 351 S.W.3d 878 (Tex. Crim. App. 2011) (standard of review and consideration of all evidence)
- Conner v. State, 67 S.W.3d 192 (Tex. Crim. App. 2001) (review includes properly and improperly admitted evidence)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (factfinder can assess witness credibility)
- Romero v. State, 129 S.W.3d 263 (Tex. App.—El Paso 2004) (discusses illegal dumping facts where accumulation spanned time)
- Cameron v. State, 241 S.W.3d 15 (Tex. Crim. App. 2007) (abuse-of-discretion standard for evidentiary rulings)
- Allen v. State, 108 S.W.3d 281 (Tex. Crim. App. 2003) (Rule 403 presumption favoring admission of relevant evidence)
- Zuliani v. State, 97 S.W.3d 589 (Tex. Crim. App. 2003) (defendant's burden to produce evidence for defenses)
- Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) (defensive theory and jury findings)