Damien Renwick Jones v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed Damien Renwick Jones’s conviction for possession of methamphetamine with intent to deliver and his seventy-five-year sentence. The court held that the suppression issue was moot because the challenged evidence was not introduced at trial, the continuance issue was not preserved and no continuance was denied, and the evidence was sufficient to establish knowing possession and intent to deliver.

Holdings

1. The suppression issue was moot because the record did not show that the evidence challenged by the motion was offered or admitted at trial; Jones therefore could not show harm from any alleged error.
2. Jones failed to preserve the continuance issue because he did not make a proper request for a continuance or obtain a ruling on one, and the record showed that the trial court granted his request for one hour to review the late-produced material.
3. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Jones knowingly possessed at least four grams of methamphetamine and intended to deliver it.

Questions Presented

1. Whether the trial court erred in denying Jones's motion to suppress when the challenged evidence was not introduced or admitted at trial.
2. Whether the trial court erred in denying a motion for continuance based on the State's late production of a jail-call recording and transcript.
3. Whether the evidence was legally sufficient to prove that Jones knowingly possessed at least four grams of methamphetamine with intent to deliver.

Disposition

affirmed