Background

• Appellant was convicted by a jury of possession with intent to deliver heroin weighing over 400 grams; trial court sentenced to 23 years’ confinement and a $1,000 fine.
• Surveillance showed appellant moving furniture into a Sandy Meadow residence, and him and an unidentified woman entering and leaving over weeks.
• Appellant was stopped for a traffic infraction; he consented to a search of the Sandy Meadow residence.
• During the search, heroin bricks and methamphetamine were found in an enclosed garage attic; methamphetamine also found in a bedroom closet.
• A large amount of cash ($3,845) was found in a jacket in the bedroom closet; an unidentified woman claimed to live at the house.
• Appellant was outside the residence during the search and was not shown to own or reside at the premises; there were no fingerprints linking him to the contraband.

Issues

Key Cases Cited

• Cedano v. State, 24 S.W.3d 406 (Tex.App.-Houston [1st Dist.] 2000) (affirmative-links analysis in possession cases)
• Gilbert v. State, 874 S.W.2d 290 (Tex.App.-Houston [1st Dist.] 1994) (reliance on affirmative-link factors)
• Johnson v. State, 658 S.W.2d 623 (Tex.Crim.App. 1983) (possession requires knowledge; factors may prove link)
• Olivarez v. State, 171 S.W.3d 283 (Tex.App.-Houston [14th Dist.] 2005) (affiliative facts establish possession when not exclusive)
• Poindexter v. State, 153 S.W.3d 402 (Tex.Crim.App. 2005) (necessity of affirmative links when not in exclusive possession)
• Washington v. State, 902 S.W.2d 649 (Tex.App.-Houston [14th Dist.] 1995) (enumerated factors and their logical force)