Yago Santain Fountain v. State
12-15-00073-CR
| Tex. Crim. App. | Oct 14, 2015Background
- Fountain and driver Mitchell were stopped in a borrowed 2005 Chevrolet Suburban during a trip from Louisiana; Fountain was the passenger and had no ID.
- Trooper Martin noticed Fountain was unusually nervous (trembling, rapid breathing) and the two gave inconsistent accounts about whose aunt they transported to Dallas.
- A consent search revealed cellophane and axle grease in the passenger compartment; Trooper later detected marijuana odor under the driver’s dashboard and found 8.59 pounds of wrapped marijuana in the engine compartment.
- Neither Fountain nor Mitchell owned the Suburban; no marijuana or paraphernalia were found on Fountain’s person, and Fountain denied ownership when questioned.
- Fountain was convicted by a jury of possession of marijuana (more than 5 lbs but ≤50 lbs); he appealed sole issue of legal sufficiency of the evidence as to possession.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fountain) | Held |
|---|---|---|---|
| Sufficiency to prove possession (knowledge + control) | Circumstantial evidence and reasonable inferences (nervousness, conflicting statements, borrowed vehicle, drug corridor, discovery of masking materials) support that Fountain knowingly possessed marijuana | No evidence he knew of or exercised care, custody, control, or management over drugs hidden in engine compartment; proximity alone insufficient | Reversed and rendered. Evidence insufficient to prove possession beyond a reasonable doubt |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (Jackson standard applied in Texas)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App.) (distinguishes inference vs. speculation)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App.) (affirmative links rule for possession)
- Evans v. State, 202 S.W.3d 158 (Tex. Crim. App.) (protects innocent bystander; discusses factors linking accused to contraband)
- Blackman v. State, 350 S.W.3d 588 (Tex. Crim. App.) (use of independent facts, investigation context, and investigator opinion to link defendant to contraband)