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