Summary
This document is a pro se Petition for Discretionary Review filed by Johnny Ray Muldrow in the Texas Court of Criminal Appeals. It challenges his conviction for possession of methamphetamine, arguing that the evidence did not affirmatively link him to the contraband and was legally and factually insufficient. The petition also alleges that the State relied on fabricated or false testimony.
Holdings
- Muldrow failed to preserve his claim that Texas Health and Safety Code sections 481.115(e) and 481.002(49) were void for vagueness because his trial-court objection did not raise that specific ground.
- Muldrow waived his remaining constitutional challenges because they were inadequately briefed and unsupported by relevant legal authority.
- The evidence was legally sufficient to support Muldrow's conviction for knowingly possessing 200 grams or more but less than 400 grams of methamphetamine.
Questions Presented
- Whether the defendant preserved a facial vagueness challenge to Texas Health and Safety Code sections 481.115(e) and 481.002(49).
- Whether the defendant adequately briefed his remaining equal-protection, due-process, and related constitutional challenges to those statutes.
- Whether legally sufficient evidence established that Muldrow knowingly possessed 200 grams or more but less than 400 grams of methamphetamine, including adulterants and dilutants.
Disposition
affirmed
Cases Cited (23)
- Pena v. State, 285 S.W.3d 459, 464 (Tex. Crim. App. 2009)(followed)
- Mays v. State, 318 S.W.3d 368, 388 (Tex. Crim. App. 2010)(followed)
- In re S.A.G., 403 S.W.3d 907, 913 (Tex. App.—Texarkana 2013, pet. denied)(followed)
- Busby v. State, 253 S.W.3d 661, 673 (Tex. Crim. App. 2008)(followed)
- McCarthy v. State, 65 S.W.3d 47, 49 n.2 (Tex. Crim. App. 2001)(followed)
- Vuong v. State, 830 S.W.2d 929, 940 (Tex. Crim. App. 1992)(followed)
- Brooks v. State, 323 S.W.3d 893, 912, 917-18 (Tex. Crim. App. 2010)(followed)
- Jackson v. Virginia, 443 U.S. 307, 318-19 (1979)(followed)
- Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997)(followed)
- Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007)(followed)
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