Marcus D. Jackson v. State
01-14-01010-CR
| Tex. App. | Jul 29, 2015Background
- Marcus D. Jackson was charged with possession of PCP (phencyclidine) weighing more than one gram and less than four grams; he pleaded not guilty and was tried by jury.
- Officers observed Jackson at an apartment complex known for PCP activity, smelled a strong odor of PCP, and saw him holding two cigarette "PCP sticks" after an apparent hand-to-hand transaction.
- Jackson admitted to holding PCP sticks; officers recovered two cigarettes (same brand) from his hands.
- Laboratory testing by chemist M. Kane identified the combined weight of the two cigarettes as 1.93 grams and both tested positive for PCP.
- Kane testified discolored cigarettes ‘‘most of the time’’ contain PCP but acknowledged PCP (as a liquid) can possibly contaminate items it touches; she did not quantify the likelihood of cross‑contamination from co‑storage.
- Jury convicted Jackson; he was sentenced to 35 years. On appeal he argued the evidence was insufficient because one stick could have contaminated the other while both were stored in the same bag.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is sufficient to prove Jackson possessed more than one gram of PCP | Jackson: evidence could be contaminated in the bag; one stick might be non‑PCP and only contaminated, so actual PCP weight may be <1g | State: officers identified both sticks as PCP at arrest; chemist found both positive and weight 1.93g; record lacks proof contamination was likely | Court: evidence sufficient; jury could reasonably find both sticks contained PCP and total weight exceeded 1 gram |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for sufficiency review described)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (courts consider reasonable inferences from the evidence)
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (Jackson sufficiency standard applied)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (jury as sole judge of credibility and weight)
- Jackson v. Virginia, 443 U.S. 307 (1979) (constitutional standard for sufficiency of evidence)