355 S.W.3d 102
Tex. App.2011Background
- Appellant Shirley Jean Woodard was convicted of two counts: possession of a controlled substance (<1 gram) and possession of a controlled substance while in a correctional facility (the jail).
- The cocaine was found in a small notebook inside Woodard's purse during a jail intake inventory after she arrived in police custody for a domestic-violence arrest.
- Police inventoried the purse; Woodard could not access the contents while in custody, and the officer maintained custody during jail processing.
- Chemistry confirmed the substance in the notebook was cocaine; Woodard claimed she had no knowledge or control over the bag and testified about her bipolar disorder and random possession of items.
- The trial court convicted on Count I and Count II; on direct appeal, Count II was reversed and later the State sought discretionary review, leading to a Rule 50 withdrawal and replacement opinion.
- The court held the evidence insufficient to prove Woodard possessed cocaine while in a correctional facility, and rendered acquittal on Count II while leaving Count I intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is legally sufficient to prove possession in a jail. | Woodard argued she lacked actual care/custody and control over the cocaine in the jail. | State contended there were affirmative links showing ownership or control/influence over the cocaine while in the jail. | Evidence insufficient; acquittal on Count II. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1989) (standard for sufficiency review)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (reaffirmed sufficiency framework)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (credibility and weighing of evidence; circumstantial evidence can sustain)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (standard for sufficiency; defers to factfinder)
- McGoldrick v. State, 682 S.W.2d 573 (Tex. Crim. App. 1985) (joint possession concepts; constructive possession)
- Porter v. State, 873 S.W.2d 729 (Tex. App.—Dallas 1994) (constructive possession; ownership and power to exercise control)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (constructive possession and affirmative links)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (non-circumstantial, cumulative evidence considerations)
- Martin v. State, 753 S.W.2d 384 (Tex. Crim. App. 1988) (affirmative links and possession concepts)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (evaluation of evidence and sufficiency standards)
- Jackson v. Virginia, 443 U.S. 307 (1989) (see above)