Tate v. State
2016 Tex. Crim. App. LEXIS 1095
| Tex. Crim. App. | 2016Background
- Tate was stopped on suspicion of outstanding warrants while driving a car with two female passengers; he claimed ownership of the vehicle.
- Police arrested Tate, removed the passengers, and later impounded the car; during an inventory search an officer found a syringe with .24 grams of methamphetamine in an open compartment beneath the HVAC controls in the center console.
- Officer Beckham testified the compartment was within reach of the driver and front-seat passenger but not the rear-seat passenger, and he did not see the front-seat passenger reach into the compartment while observing her through the rear window.
- The passengers’ purses and persons were searched with their consent and no contraband was found; one passenger later pled guilty to a drug charge, but none claimed the syringe at the scene.
- A jury convicted Tate of possession of a controlled substance; the court of appeals reversed for insufficient evidence that Tate knowingly possessed the methamphetamine; the Texas Court of Criminal Appeals granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove intentional/knowing possession | State: combined circumstantial evidence (ownership/driver status, plain view, accessibility, syringe paraphernalia, presence during search) permits a rational jury to infer possession | Tate: proximity and timing are insufficient; passengers remained in car and may have placed syringe after he exited; similar to Roberson | Court: Reverse court of appeals; viewing evidence in light most favorable to verdict, jury reasonably could infer the syringe was in the compartment and Tate knowingly possessed it |
| Role of affirmative-links factors in constructive possession analysis | State: affirmative-links factors are proper guide; court of appeals undervalued links proven (plain view, accessibility, ownership/driver, paraphernalia, presence) | Tate: circumstantial gaps and alternative hypothesis (passengers placed syringe) make conviction unsupported | Court: Affirmative-links remain a guide; cumulative evidence and reasonable inferences resolved for jury support conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sets standard for legal-sufficiency review in criminal cases)
- Winfrey v. State, 393 S.W.3d 763 (circumstantial evidence is as probative as direct evidence)
- Hooper v. State, 214 S.W.3d 9 (distinguishes reasonable inferences from speculation in sufficiency review)
- Poindexter v. State, 153 S.W.3d 402 (affirmative-links doctrine for constructive possession)
- Evans v. State, 202 S.W.3d 158 (lists non-exclusive affirmative-links factors)
- Roberson v. State, 80 S.W.3d 730 (comparative case where possession was found insufficient)