Kathryn Pendleton v. State
07-15-00108-CR
Tex. App.Oct 23, 2015Background
- Police executed a search warrant at 1218 Pecan St.; warrant named two suspects but not Kathryn Pendleton.
- Officers found Pendleton alone in a converted garage bedroom; she was seen rummaging, opening containers, and ingesting substances as officers attempted entry.
- Officers observed and medical personnel later documented Pendleton admitting she ingested cocaine (and possibly heroin); an officer saw her swallow a white rock-like substance.
- Search of the bedroom recovered a 5.90-gram "crack cookie" in a cellophane bag inside a beer stein next to the bed, drug paraphernalia (crack pipe, digital scales, calibration weight), and a loaded shotgun under the mattress.
- Pendleton testified the cocaine she ingested was personal and denied knowledge of the crack cookie in the beer stein; she admitted living in the room for weeks and prior drug conviction.
- Jury convicted Pendleton of possession of a Penalty Group 1 controlled substance (4–200 grams); sentenced to 10.5 years. Appellant appealed claiming insufficient evidence and urged factual sufficiency review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to link Pendleton to contraband | State: cumulative circumstantial evidence links Pendleton to the cocaine and supports conviction | Pendleton: mere presence and lack of direct knowledge of the crack cookie (inside beer stein) fail to link her to possession | Court: Evidence sufficient under Jackson; multiple affirmative links supported knowing possession |
| Request for factual-sufficiency review | State: apply Jackson standard; factual-sufficiency review disapproved | Pendleton: urged factual-sufficiency review of jury verdict | Court: Texas follows Brooks — only Jackson v. Virginia standard applies; no separate factual-sufficiency review |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (rejecting factual-sufficiency review and endorsing Jackson standard)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional standard for sufficiency: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (describing required independent links to connect a non-exclusive occupant to contraband)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (elements of possession: control/custody and knowledge)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (sufficiency review measured against a hypothetically correct jury charge)