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Wesley Jerome Wright v. State
401 S.W.3d 813
Tex. App.
2013
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Background

  • Wright was indicted for possession of marijuana exceeding five pounds but less than fifty pounds.
  • Officers, pursuant to a search warrant at a Harris County residence, found 155 hydroponic marijuana plants and dried marijuana totaling just over fourteen pounds.
  • Wright pleaded not guilty and moved to suppress the evidence, challenging probable cause and the warrant.
  • Trial included testimony from Sgt. Clark about grow-house indicators, electricity usage, and other corroborating details.
  • A narcotics-detection dog alerted to marijuana and the officers obtained a warrant, leading to the discovery of contraband and related paraphernalia.
  • The jury convicted Wright; he received an eight-year sentence and appeals on sufficiency and suppression grounds.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Probable cause for the search warrant Wright argues the dog sniff cannot be considered; insufficient remaining facts after removing dog. Wright asserts the affidavit lacks sufficient probable cause without the dog sniff. Probable cause supported; warrant valid even removing dog facts.
Sufficiency of the evidence showing possession Sufficiency of links tying Wright to contraband is weak given shared occupancy. State showed affirmative links and large quantity; Wright had control. Evidence sufficient to prove possession beyond reasonable doubt.

Key Cases Cited

  • Jackson v. Virginia, 443 S. Ct. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence in criminal convictions)
  • Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (affirmative-links approach to possession in non-exclusive contexts)
  • Olivarez v. State, 171 S.W.3d 283 (Tex. App.-Houston [14th Dist.] 2005) (affirmative-links factors; large quantity supports possession)
  • Karo, 468 U.S. 705 (U.S. 1984) (unconstitutional portions of warrant do not taint entire warrant; remaining evidence valid)
  • Castillo v. State, 818 S.W.2d 803 (Tex. Crim. App. 1991) (probable-cause standard when parts of affidavit are challenged)
Read the full case

Case Details

Case Name: Wesley Jerome Wright v. State
Court Name: Court of Appeals of Texas
Date Published: May 9, 2013
Citation: 401 S.W.3d 813
Docket Number: 14-12-00285-CR
Court Abbreviation: Tex. App.