Michael Lee Stout v. State
426 S.W.3d 214
| Tex. App. | 2012Background
- Stout was convicted of felon in possession of a firearm and sentenced to 33 years after a traffic stop
- Gun found in a compartment behind the radio faceplate, not on Stout, with vehicle inventory following the stop
- The vehicle was registered to Stout’s mother; mother and all passengers denied ownership of the gun
- State required affirmatively linking Stout to the gun to prove possession; several proximity-based factors used
- State presented multiple affirmative-links factors showing Stout’s connection to the weapon
- Court affirmed conviction and rejected two of Stout’s objections to closing arguments
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of linking to the weapon | Stout contends insufficient links prove possession | State failed to show Stout had possession | Sufficient links viewed in aggregate |
| Bolstering the witness in closing | Prosecutor bolstered credibility of Officer Aldana | Closing statement improperly praised witness credibility | Not improper, based on evidence and reasonable deductions |
| Commentary on defendant’s silence | Prosecutor commented on failure to testify | Prosecutor’s remarks amounted to silence reference | Not a comment on failure to testify; within permissible closing argument |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (set standard for legally sufficient evidence review)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (reaffirmed standards for sufficiency review and jury evaluation of evidence)
- Gonzalez v. State, 337 S.W.3d 473 (Tex. App.—Houston [1st Dist.] 2011) (prosecutor’s credibility arguments based on evidence may be permissible deductions)
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (permits broad, reasonable inferences in closing argument)
- Gaddis v. State, 753 S.W.2d 396 (Tex. Crim. App. 1988) (standard for evaluating jury arguments and credibility assessments)
- Cruz v. State, 225 S.W.3d 546 (Tex. Crim. App. 2007) (test for whether comment on silence was clear to jury)
- Shepherd v. State, 915 S.W.2d 177 (Tex. App.—Fort Worth 1996) (addressed improper references to silence when defense evidence conflicted)
- James v. State, 264 S.W.3d 215 (Tex. App.—Houston [1st Dist.] 2008) (affirmative-links framework for possession cases)