Woodard v. State
2010 Tex. App. LEXIS 9916
| Tex. App. | 2010Background
- In September 2007, police were called to a disturbance at a residence where Woodard and Lincoln Hanks argued; Hanks claimed to be Woodard’s common-law husband and sustained injuries.
- Woodard was arrested for domestic violence and transported to the Waller County Jail, with her purse accompanying her; she claimed she did not bring the purse into the jail.
- Inside Woodard’s purse, Officer O’Brien found a small notebook containing a hidden compartment with a bag of white powder believed to be cocaine, later confirmed by chemical analysis.
- Woodard denied ownership of the bag and its contents at trial after their discovery; she testified she had a habit of picking up items and keeping them without purpose.
- The grand jury indicted Woodard on two counts: Count I—possession of cocaine less than a gram, and Count II—possession of cocaine while in a correctional facility; she pleaded not guilty and stood trial.
- The jury convicted Woodard on both counts; punishment for Count I was 180 days in a state jail, and for Count II was four years in prison with a $500 fine; on appeal, the court divided the outcomes for the two counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession of cocaine under a gram (less than a gram) | Woodard argues the record fails to show knowledge the substance was cocaine. | State contends the jury could infer knowledge from surrounding circumstances and prior drug use. | Evidence sufficient to sustain Count I. |
| Sufficiency of evidence for possession of cocaine in a correctional facility | Woodard asserts she did not exercise care, custody, control, or management over the cocaine while in custody. | State argues joint or inferential possession through ownership of the purse and proximity. | Evidence insufficient; reversed and acquitted on Count II. |
Key Cases Cited
- Evans v. State, 202 S.W.3d 158 (Tex.Crim.App.2006) (knowledge of contraband may be inferred; possession requires evidence of awareness of contraband)
- McGoldrick v. State, 682 S.W.2d 573 (Tex.Crim.App.1985) (knowledge or possession inferred; ownership alone not enough to prove possession)
- Jackson v. Virginia, 443 U.S. 307 (U.S.) (standard for evaluating sufficiency of evidence in criminal cases)
- Laster v. State, 275 S.W.3d 512 (Tex.Crim.App.2009) (review standard for sufficiency of evidence; defer to factfinder)
- Williams v. State, 235 S.W.3d 742 (Tex.Crim.App.2007) (credibility and weight of evidence deferential to verdict)
- Hooper v. State, 214 S.W.3d 9 (Tex.Crim.App.2007) (circumstantial evidence is as probative as direct evidence)
- Clayton v. State, 235 S.W.3d 772 (Tex.Crim.App.2007) (proper application of combined evidence in sufficiency review)