Mary Morrow Williams v. State
11-16-00017-CR
| Tex. App. | Aug 3, 2017Background
- Appellant Mary Morrow Williams was indicted for possession of less than one gram of cocaine in a drug-free zone; jury found her guilty and the court imposed a 10-year sentence, suspended and replaced with 10 years community supervision.
- At ~1:40 a.m. Officer Chance Rainer encountered Appellant stopped at a stop sign for 8–10 seconds; Appellant waved him to go around and did not move.
- Rainer approached to check welfare, observed white powder on Appellant’s shirt and in the vehicle, smelled alcohol, and noted slurred/delayed speech.
- Field test and lab analysis identified the powder from the car as cocaine (0.01 grams, margin of error 0.03); the substance on Appellant’s shirt was not tested.
- Officer testified the stop was within 1,000 feet of a school (Carver Center) and introduced an unscaled Google map; Appellant moved to suppress evidence arguing an illegal detention (not a proper community-caretaking encounter) and raised sufficiency challenges on appeal.
- Trial court denied the suppression motion; on appeal the Eleventh Court of Appeals reviewed sufficiency and suppression claims and affirmed.
Issues
| Issue | Plaintiff's Argument (Appellant) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency — knowledge/possession of cocaine | Trace amount (0.01 g within ±0.03 g) insufficient to prove she knowingly possessed cocaine | Measurable/visible contraband and Appellant’s evasive responses supported knowledge and control | Evidence sufficient; conviction stands |
| Sufficiency — variance as to school identity | Indictment misidentified the school (claimed Culver Center or Carver Elementary) causing prejudice/surprise | Any name variance was immaterial and did not impair notice or risk double prosecution | Variance immaterial; no reversible error |
| Sufficiency — proof of drug-free zone | Officer’s lay testimony and unscaled map insufficient under McCall standard to prove 1,000-foot proximity | Statute requires only “any other evidence or testimony”; officer testimony plus map and proximity description suffice | Officer testimony and map adequate; jury could find drug-free zone element proved |
| Suppression — community-caretaking/detention | Officer’s approach and flashlight amounted to an unlawful detention (not a caretaking function) | Officer approached to check welfare given stopped vehicle, waving, slurred speech and visible powder; detention occurred only after suspicious observations | Trial court did not abuse discretion; encounter was community-caretaking, detention occurred after reasonable suspicion arose |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional sufficiency standard for criminal convictions)
- Mendenhall, 446 U.S. 544 (test for whether a person was seized — would a reasonable person feel free to leave)
- Brooks v. State, 323 S.W.3d 893 (review standards for sufficiency in Texas criminal cases)
- Corbin v. State, 85 S.W.3d 272 (community-caretaking two-step analysis: motivation and reasonableness)
- Crain v. State, 315 S.W.3d 43 (approach-versus-detention analysis; rolling down window and commanding a pedestrian to approach can constitute detention)