Gregory Thornton v. State
401 S.W.3d 395
| Tex. App. | 2013Background
- Thornton was convicted of tampering with evidence, later reversed on appeal and acquitted; Bowen v. State influenced post-remand analysis.
- The indictment alleged Thornton concealed a glass crack pipe with intent to impair its availability in a subsequent investigation.
- The critical element was concealment, not altering or destroying the pipe.
- Officer Roberts observed the pipe and never lost sight of it; Thornton did not conceal it from discovery.
- The court found the concealment element not proven beyond a reasonable doubt; Bowen did not apply.
- The State waived any error on lesser-included offense submission; the court ultimately acquitted Thornton and rendered judgment of acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is legally sufficient evidence of concealment | Thornton argues concealed pipe was affirmatively hidden | State contends palming constituted concealment | Evidence insufficient; no concealment shown |
| Whether the case should be reformed to an attempted tampering conviction | Thornton requested lesser-included offense instruction | State argues Bowen governs reform, not acquittal | Bowen inapplicable; court acquits; no reform to attempted tampering |
| If Bowen applied, whether evidence supports attempted tampering | N/A | N/A | N/A |
Key Cases Cited
- Bowen v. State, 374 S.W.3d 427 (Tex.Crim.App. 2012) (distinguishes reform to lesser offense when essential elements proven)
- Hollingsworth v. State, 15 S.W.3d 586 (Tex.App.—Austin 2000) (knowledge imputed between officers in concealment context)
- Rotenberry v. State, 245 S.W.3d 583 (Tex.App.—Fort Worth 2007) (definition of concealment as hiding or preventing discovery)
- Blanton v. State, 2006 Tex. App. LEXIS 6367 (Tex.App.—Dallas 2006) (discussion of concealment vs. alteration in tampering case (not official reporter))
- Tolbert v. State, 306 S.W.3d 776 (Tex.Crim.App. 2010) (preservation of error for lesser-included offenses)
- Martinez v. State, 91 S.W.3d 331 (Tex.Crim.App. 2002) (preservation and standard of sufficiency)
- Tovar v. State, 978 S.W.2d 584 (Tex.Crim.App. 1998) (definition of actio malum prohibitum context)