Gregory Thornton v. State
2012 Tex. App. LEXIS 6493
| Tex. App. | 2012Background
- Appellant Gregory Thornton was convicted by a jury of tampering with evidence after a not guilty plea.
- Officers stopped Thornton for a sidewalk-violation and recovered a glass crack pipe and brillo pad.
- Thornton removed a glass crack pipe from his pocket; the intact pipe was later found on the female suspect.
- Indictment alleged Thornton concealed the pipe with intent to impair its availability in a subsequent investigation.
- The trial court sentenced Thornton to 45 years; the court of appeals reversed and acquitted.
- Court held Thornton did not conceal the pipe, and thus the evidence was insufficient to prove tampering.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove concealment | Thornton concealed the pipe | Thornton did not conceal the pipe; it was in view | Issue sustained; acquittal for tampering entered |
| Requirement of jury instruction on attempt | N/A | N/A | Not reached; pretermitted due to reversal on issue 1 |
Key Cases Cited
- Rotenberry v. State, 245 S.W.3d 583 (Tex.App.—Fort Worth 2007) (definition of concealment and related tampering concepts)
- Hollingsworth v. State, 15 S.W.3d 594 (Tex.App.—Austin 2000) (concealment requires an affirmative act to hide evidence)
- Holloway v. State, 780 S.W.2d 787 (Tex.Crim.App. 1989) (knowledge imputed between state actors; evidentiary awareness)