Turner, Kenneth Ray, PD-0996-15

Turner was charged Jan. 9, 2013 with possession with intent to deliver a controlled substance and unlawful possession of a firearm by a felon.
Dallas officers found drugs and two firearms in Smith’s apartment, where Turner was present but not in exclusive possession of the premises.
State’s proof relied on witnesses who did not observe Turner in actual possession of drugs or firearms and relied on circumstantial inferences and officer assumptions.
Affirmative-links (exclusive possession not shown) required independent facts linking Turner to the contraband, given he was not owner of the residence.
Trial and appellate records show Turner challenged legal sufficiency; the court reviews under Jackson v. Virginia standard.
Court ultimately affirms trial court’s judgments, holding the evidence insufficient to prove both offenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for possession with intent to deliver	Turner contends insufficient affirmative links to drugs.	State argues sufficient facts tie Turner to contraband.	Insufficient evidence; conviction cannot stand.
Sufficiency of evidence for unlawful possession of a firearm by a felon	Turner contends no adequate linkage to firearms.	State asserts affirmative links exist.	Insufficient evidence; conviction cannot stand.

Jackson v. Virginia, 443 U.S. 307 (1979) (establishes standard of review for legal sufficiency)
Burden v. State, 55 S.W.3d 608 (Tex. Crim. App. 2001) (uncontradicted standard for reviewing sufficiency of evidence)
In re B.P.H., 83 S.W.3d 400 (Tex. App. Fort Worth 2002) (context for appellate review of sufficiency)
Joseph v. State, 897 S.W.2d 374 (Tex. Crim. App. 1995) (elements of possession requiring control and knowledge)
Bates v. State, 155 S.W.3d 212 (Tex. App.—Dallas 2004) (affirmative-links rule in possession cases)
Oaks v. State, 642 S.W.2d 174 (Tex. Crim. App. 1982) (exclusive possession requirement and linking evidentiary standards)
Cude v. State, 716 S.W.2d 46 (Tex. Crim. App. 1986) (presence at residence not enough without links)
Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (affirmative-links doctrine in drug cases)
United States v. Jackson, 426 F.2d 305 (5th Cir. 1970) (federal view on evidence and due process)
Jones (United States v.), 133 F.3d 358 (5th Cir. 1998) (ownership/possession in residues of premises)
Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (factors linking to firearm possession)
Smith v. State, 176 S.W.3d 907 (Tex. App.—Dallas 2005) (plain-view and proximity considerations)