Thomas Santellana Jr. v. State
13-16-00394-CR
| Tex. App. | Nov 16, 2017Background
- Appellant Thomas Santellana Jr. was indicted on seven counts: possession of a controlled substance, four forgery counts, theft, and tampering with physical evidence; he pleaded true to prior-felony enhancements and was sentenced as a habitual offender.
- In March 2014 police investigated passing of counterfeit $20 bills at multiple businesses (Buc-ee’s, Walgreens, Red Roof Inn); surveillance and register records tied Santellana and co-defendant Kristi Brandt to several transactions.
- Police located a black BMW linked to Santellana, found counterfeit bills in the vehicle, methamphetamine and hypodermic needles in his Red Roof Inn room, and keys to the BMW; Brandt admitted passing fake bills they received from another person.
- Officers observed a hypodermic needle on the toilet tank in the hotel restroom; Santellana asked to use the restroom and change clothes, moved clothing, later ran and was recaptured; a similar needle was found nearby where he was apprehended.
- The jury convicted Santellana on multiple counts (including forgery count five and tampering count seven); he challenged sufficiency of the evidence for those two counts on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for forgery (count 5) | Santellana: evidence did not tie him to the counterfeit currency at the Red Roof Inn; Patel uncertain on timing of cash receipt | State: surveillance, register records, Patel’s testimony, and Brandt’s statements provided circumstantial proof linking Santellana to the cash | Court: Evidence legally sufficient; a rational jury could find forgery beyond a reasonable doubt |
| Sufficiency of evidence for tampering with physical evidence (count 7) | Santellana: challenged inference that he disposed of the needle to impair investigation | State: officers saw needle in restroom, Santellana moved clothes after requesting to change, a similar needle found near where he was recaptured | Court: Evidence legally sufficient; jury could infer he knowingly and intentionally impaired availability of the needle as evidence |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (establishing Jackson legal-sufficiency standard in Texas)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
- Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App.) (jury as exclusive judge of witness credibility; resolving conflicting inferences)
- Ramsey v. State, 473 S.W.3d 805 (Tex. Crim. App.) (circumstantial evidence may alone support conviction)
- Tate v. State, 500 S.W.3d 410 (Tex. Crim. App.) (inference of possession from independent facts when defendant lacks exclusive control)
- Williams v. State, 270 S.W.3d 140 (Tex. Crim. App.) (elements and mental states for tampering with physical evidence)