Shawn Michael Walker v. State, 03-14-00473-CR

Appellant Shawn Michael Walker charged with possession of methamphetamine with intent to deliver, four to two hundred grams.
Tried in the 264th District Court of Bell County, Texas; jury found him guilty and sentenced to 55 years.
Evidence located in the van included multiple methamphetamine packages, MSM cutting agent, and paraphernalia; Walker was an occupant and claimed the van belonged to his girlfriend.
Walker admitted 0.28 grams of methamphetamine in his pocket; admitted ownership of the pink 5.64-gram methamphetamine; other drugs and paraphernalia were found in the van including a hot pipe and syringes.
Detective Mallow testified as an expert on trafficking; total methamphetamine recovered was 105.62 grams, valued over $10,000; the State argued this showed intent to deliver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency to prove possession with intent to deliver	Walker argues links are insufficient	Walker argues no single link proves possession	Sufficient beyond reasonable doubt to prove possession with intent to deliver
Sufficiency to prove possession with intent to deliver as a party	Indictment allowed conviction as a party	Insufficient to prove as a party beyond reasonable doubt	Sufficient to convict as a party as well as individually

Evans v. State, 202 S.W.3d 158 (Tx. Cr. App. 2006) (factors linking to possession beyond fortuity)
Branch v. State, 599 S.W.2d 324 (Tx. Cr. App. 1979) (review of evidence as a whole for intent to deliver)
Brooks v. State, 323 S.W.3d 893 (Tx. Cr. App. 2011) (standard for sufficiency of evidence remains beyond a reasonable doubt)
Clayton v. State, 235 S.W.3d 772 (Tx. Cr. App. 2007) (sufficiency of circumstantial evidence in possession cases)
Sneed v. State, 406 S.W.3d 638 (Tx. App. Eastland 12th Dist. 2013) (quantity and related circumstances can support intent to deliver)
Thornton v. State, 425 S.W.3d 289 (Tx. Cr. App. 2014) (remedial options when conviction for greater offense is unsupported)