Summary
The Texas Seventh Court of Appeals affirmed Leopoldo Thomas Salazar II’s conviction for possession of four grams or more but less than 200 grams of methamphetamine, enhanced by two prior felony convictions, and his 60-year sentence. The court held that the combined circumstantial evidence—including his sole occupancy of the vehicle, access to the glove compartment, nervous conduct, inconsistent statements, and admission of recent methamphetamine use—was sufficient to establish knowing possession.
Holdings
- The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that Salazar intentionally or knowingly possessed the methamphetamine. His sole occupancy of the vehicle and the combined force of the circumstances linked him to the contraband despite its location in an enclosed glove compartment.
Questions Presented
- Whether legally sufficient evidence established that Salazar intentionally or knowingly possessed the methamphetamine found in the vehicle's glove compartment.
Disposition
affirmed
Cases Cited (10)
- Harrell v. State, 620 S.W.3d 910, 913 (Tex. Crim. App. 2021)(followed)
- Jackson v. Virginia, 443 U.S. 307, 319 (1979)(followed)
- Brooks v. State, 323 S.W.3d 893, 912 (Tex. Crim. App. 2010)(followed)
- Dunham v. State, 666 S.W.3d 477, 482 (Tex. Crim. App. 2023)(followed)
- Evans v. State, 202 S.W.3d 158, 161-62, 166 (Tex. Crim. App. 2006)(followed)
- Menchaca v. State, 901 S.W.2d 640, 652 (Tex. App.—El Paso 1995, pet. ref'd)(followed)
- Tate v. State, 500 S.W.3d 410, 413-14 (Tex. Crim. App. 2016)(followed)
- Acosta v. State, 429 S.W.3d 621, 625 (Tex. Crim. App. 2014)(followed)
- Mixon v. State, 481 S.W.3d 318, 323 (Tex. App.—Amarillo 2015, pet. ref'd)(followed)
- Nunn v. State, No. 07-08-00493-CR, 2009 Tex. App. LEXIS 7794, at *2, *13 (Tex. App.—Amarillo Oct. 6, 2009, no pet.) (mem. op., not designated for publication)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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