Turner, Kenneth Ray, PD-0996-15

Kenneth Turner was indicted for possession with intent to deliver a controlled substance (Tex. Health & Safety Code §481.112(a)) and unlawful possession of a firearm by a felon (Tex. Penal Code §46.04(a)(1)).
At the time officers arrived at an apartment (complainant’s residence), Turner was in a bathroom; contraband (drugs) and two firearms were found elsewhere in the residence.
Officers testified Turner was calm, not in close proximity to the drugs or guns, and that they did not interview him about ownership or residence status; they also admitted they made assumptions about ownership and did not dust the guns for prints.
Complainant pointed to locations of the contraband; she testified Turner did not live at the apartment and did not have a key; Turner said he had arrived the night before.
Trial resulted in convictions and sentences (35 years for the drug offense; 10 years for unlawful firearm possession); Turner appealed and sought discretionary review arguing legal insufficiency under the affirmative-links rule.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency to prove possession with intent to deliver	State relied on presence at scene and complainant pointing out drugs; jury verdict is supported	Turner: no evidence he had actual or exclusive possession; officers saw no possession, did not interview, no affirmative links	Trial court convicted; appellate process affirmed conviction below; Turner argues evidence legally insufficient and seeks reversal
Sufficiency to prove unlawful possession of firearm by a felon	State: weapons found in the residence and in plain view, one gun discovered with a coat where Turner’s ID was seen	Turner: no exclusive possession, no incriminating statements, inconsistent officer testimony about the coat and gun, no forensic linkage	Same posture as above: Turner challenges sufficiency under affirmative-links test and seeks acquittal

Jackson v. Virginia, 443 U.S. 307 (standard for legal sufficiency review)
Brown v. State, 911 S.W.2d 744 (Tex. Crim. App.) (affirmative-links rule explanation)
Deshong v. State, 625 S.W.2d 327 (Tex. Crim. App.) (when not in exclusive possession, State must show additional facts linking accused)
Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App.) (affirmative-links rule protects innocent bystanders)
Allen v. State, 249 S.W.3d 680 (Tex. App.—Austin) (presence in a residence where drugs are hidden insufficient without affirmative links)
Cude v. State, 716 S.W.2d 46 (Tex. Crim. App.) (mere presence in nonowned residence insufficient to show control)
Moore v. State, 640 S.W.2d 300 (Tex. Crim. App.) (circumstantial evidence must exclude other reasonable hypotheses)
Joseph v. State, 897 S.W.2d 374 (Tex. Crim. App.) (elements required to prove unlawful possession)
Bates v. State, 155 S.W.3d 212 (Tex. App.—Dallas) (possession defined as care, custody, control)