Williams v. State
2015 Tex. App. LEXIS 11083
| Tex. App. | 2015Background
- Around 3:30 a.m., officers found appellant sitting shirtless and sweating beside an air-conditioner unit behind a business; he said he was homeless and looking for a place to sleep.
- Officer King patted down appellant and found a pocketknife and a crack pipe in his front pants pocket; appellant was detained for possible trespassing.
- Officer Mercer swabbed the inside of the seized pipe and a field test reacted positive for cocaine; the field test was discarded after seizure.
- A forensic chemist performed lab tests and identified a trace (residue) amount of cocaine in the pipe—too small to weigh or see; the pipe was not clear and no visible residue was apparent.
- Both officers testified they did not know whether appellant knew there was any controlled substance in the pipe; there was no other evidence of recent use or knowledge.
- Appellant moved for a directed verdict on the ground the State failed to prove he knowingly possessed cocaine; the trial court denied the motion and the jury convicted, but the appellate court reversed and rendered an acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows appellant knowingly possessed cocaine | State: possession of pipe with positive field test and lab confirmation permits inference of knowledge | Appellant: residue was trace/unmeasurable and there is no other evidence he knew substance was cocaine | Reversed — insufficient evidence of knowledge; acquittal rendered |
Key Cases Cited
- King v. State, 895 S.W.2d 701 (Tex. Crim. App. 1995) (knowledge can be inferred from visible residue and other indicia of recent use)
- Shults v. State, 575 S.W.2d 29 (Tex. Crim. App. 1979) (when substance is too small to measure, the State must present evidence beyond mere possession to prove knowledge)
- Joseph v. State, 897 S.W.2d 374 (Tex. Crim. App. 1995) (contextual facts showing personal use or surrounding circumstances may support knowledge)
- Temple v. State, 390 S.W.3d 341 (Tex. Crim. App. 2013) (standard for reviewing legal sufficiency of the evidence)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (appellate courts do not reweigh evidence or judge witness credibility)