Simington, Kendell Najee, PD-0831-15

In May 2013 police surveilled an apartment (6043 Stoneybrook) believed to be a "trap house." Two controlled buys were made from the apartment before a search warrant was obtained.
SWAT executed a high‑risk search on May 16, 2013. Officers found appellant Kendell Simington seated in a recliner and Delisha Bennett on a couch; between them on a plate were multiple baggies of cocaine, scales, paper strips with a phone number, and small‑denomination cash.
A loaded handgun was on the floor in front of Simington. Simington had about $600 in small bills in his pocket; Bennett had about $474 spread out in front of her.
Simington was charged with possession with intent to distribute cocaine (4–200 g) and unlawful possession of a firearm by a felon; the indictment included a deadly‑weapon allegation and repeat‑offender notice. He was convicted by a jury and sentenced to 30 years (drug) and 10 years (firearm).
On appeal the Second Court of Appeals affirmed, finding sufficient circumstantial "links" to connect Simington to the drugs and the gun despite the absence of his fingerprints on seized items and lack of prior identification by informants.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove possession with intent to distribute cocaine	Simington: State failed to prove he exercised care, custody, control, or management of the cocaine—he was a non‑exclusive occupant, had no fingerprints on items, wasn't identified in controlled buys, and had no incriminating statements or furtive conduct.	State: Presence in the apartment, contraband in plain view and proximate to him, scales/records/ cash, and the trap‑house context provided sufficient independent links to support a reasonable juror's inference of knowing possession.	Court of Appeals: Evidence sufficient; reasonable juror could infer possession and intent from the totality of links.
Sufficiency of evidence to prove unlawful possession of a firearm by a felon	Simington: State did not link him to the gun—gun was closer to Bennett, no fingerprints on gun, not on his person, no indicia of special connection or guilty conduct.	State: Gun was loaded, in plain view and readily accessible near Simington; combined with the drug context and cash, these links supported a finding of possession.	Court of Appeals: Evidence sufficient; jury could find Simington exercised care, custody, or control over the weapon.

Jackson v. Virginia, 443 U.S. 307 (constitutional sufficiency standard for criminal convictions)
Evans v. State, 202 S.W.3d 158 (Tex. Crim. App.) (links doctrine and non‑exclusive list of factors to connect defendant to contraband)
Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App.) (possession requires actual care, custody, control, or management; circumstantial links may suffice)
Brown v. State, 911 S.W.2d 744 (Tex. Crim. App.) (elements of possession and proof requirements)
Olivarez v. State, 171 S.W.3d 283 (Tex. App.) (discussion of links factors and protecting innocent bystanders)
Wise v. State, 364 S.W.3d 900 (Tex. Crim. App.) (application of Jackson standard in Texas sufficiency review)