Opinion

Curtis Anthony Sanders v. State

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
May 6, 1999
Status
Published
Cited by
0 cases
Authority
More cited than 35.9%

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-98-00500-CR

Curtis Anthony Sanders, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 0982914, HONORABLE TOM BLACKWELL, JUDGE PRESIDING

A jury found appellant Curtis Anthony Sanders guilty of delivering a simulated

controlled substance and assessed punishment at incarceration in a state jail for two years and a

$4501 fine. Tex. Health & Safety Code Ann. § 482.002 (a), (d) (West Supp. 1999). In his only

point of error, appellant contends the evidence does not sustain his conviction. We will affirm.

On the afternoon of June 3, 1998, undercover Austin police officer Edward Johnson

approached a group of about twenty persons on Navasota Street. He was being watched by a close

cover unit of undercover officers parked nearby. An identification team of uniformed officers was

also in the area, but further away. Johnson asked the group if "anybody here can hook me up with

a 20," meaning a $20 rock of crack cocaine. A man emerged from the group and, after some

conversation, sold Johnson what appeared to be a rock of crack cocaine. Later testing showed that

the substance was not cocaine.

Johnson was in radio contact with both the close cover and identification units. As

he drove away after making the purchase, he radioed a description of the dealer: dirty brown

pants, no shirt, a number of distinctive scars on the chest and shoulders. The close cover officers

watched this man as he walked into a storage shed behind a deserted house at the corner of

Navasota and Myrtle Streets. Acting on this information, the uniformed identification officers

drove to that location and entered the shed. They found appellant sitting on a couch. His dress

and physical appearance, including the scars, matched Johnson's description. Appellant was

photographed, and Johnson later identified the photo as being the man who sold him the

contraband. No money or suspected narcotics were found in the shed or on appellant's person.

Appellant testified that he was the man the officers found in the shed. He denied

selling anything to Johnson.

Appellant argues that if he were the man who sold Johnson the suspected crack

cocaine, he would have had the $20, and perhaps additional simulated rocks of crack cocaine, in

his possession when found in the shed. Because he did not, appellant concludes that the evidence

does not support his conviction. He does not specify whether he is attacking the legal or the

factual sufficiency of the evidence.

In a legal sufficiency review, the question is whether, after viewing all the evidence

in the light most favorable to the verdict, any rational trier of fact could have found the essential

elements of the offense beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 (1979);

Geesa v. State , 820 S.W.2d 154 (Tex. Crim. App. 1991); Griffin v. State , 614 S.W.2d 155 (Tex.

Crim. App. 1981). In a factual sufficiency review, the evidence is not viewed in the light most

favorable to the verdict. Instead, all the evidence is considered equally, including the testimony

of defense witnesses and the existence of alternative hypotheses. Orona v. State , 836 S.W.2d 319,

321 (Tex. App.--Austin 1992, no pet.). A verdict will be set aside for factual insufficiency only

if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Clewis v. State , 922 S.W.2d 126, 129 (Tex. Crim. App. 1996); Stone v. State , 823 S.W.2d 375,

381 (Tex. App.--Austin 1992, pet. ref'd as untimely filed).

Appellant matched Johnson's radioed description and was identified by Johnson as

the man who sold him the simulated controlled substance. This evidence is clearly sufficient to

sustain the verdict as a matter of law. As trier of fact, it was for the jury to determine the weight,

if any, to give the officers' failure to recover the $20 and appellant's protestation of innocence.

It cannot be said that the jury's verdict is so contrary to the great weight of the evidence as to be

clearly wrong or unjust. The point of error is overruled.

The judgment of conviction is affirmed.

J. Woodfin Jones, Justice

Before Justices Jones, B. A. Smith and Yeakel

Affirmed

Filed: May 6, 1999

Do Not Publish

llant Curtis Anthony Sanders guilty of delivering a simulated

controlled substance and assessed punishment at incarceration in a state jail for two years and a

$4501 fine. Tex. Health & Safety Code Ann. § 482.002 (a), (d) (West Supp. 1999). In his only

point of error, appellant contends the evidence does not sustain his conviction. We will affirm.

On the afternoon of June 3, 1998, undercover Austin police officer Edward Johnson

approached a group of about twenty persons on Navasota Street. He was being watched by a close

cover unit of undercover officers parked nearby. An identification team of uniformed officers was

also in the area, but further away. Johnson asked the group if "anybody here can hook me up with

a 20," meaning a $20 rock of crack cocaine. A man emerged from the group and, after some

conversation, sold Johnson what appeared to be a rock of crack cocaine. Later testing showed that

the substance was not cocaine.

Johnson was in radio contact with both the close cover and identification units. As

he drove away after making the purchase, he radioed a description of the dealer: dirty brown

pants, no shirt, a number of distinctive scars on the chest and shoulders. The close cover officers

watched this man as he walked into a storage shed behind a deserted house at the corner of

Navasota and Myrtle Streets. Acting on this information, the uniformed identification officers

drove to that location and entered the shed. They found appellant sitting on a couch. His dress

and physical appearance, including the scars, matched Johnson's description. Appellant was

photographed, and Johnson later identified the photo as being the man who sold him the

contraband. No money or suspected narcotics were found in the shed or on appellant's person.

Appellant testified that he was the man the officers found in the shed. He denied

selling anything to Johnson.

Appellant argues that if he were the man who sold Johnson the suspected crack

cocaine, he would have had the $20, and perhaps additional simulated rocks of crack cocaine, in

his possession when found in the shed. Because he did not, appellant concludes that the evidence

does not support his conviction. He does not specify whether he is attacking the legal or the

factual sufficiency of the evidence.

In a legal sufficiency review, the question is whether, after viewing all the evidence

in the light most favorable to the verdict, any rational trier of fact could have found the essential

elements of the offense beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 (1979);

Geesa v. State , 820 S.W.2d 154 (Tex. Crim. App. 1991); Griffin v. State , 614 S.W.2d 155 (Tex.

Crim. App. 1981). In a factual sufficiency review, the evidence is not viewed in the light most

favorable to the verdict. Instead, all the evidence is considered equally, including the testimony

of defense witnesses and the existence of alternative hypotheses. Orona v. State , 836 S.W.2d 319,

321 (Tex. App.--Austin 1992, no pet.). A verdict will be set aside for factual insufficiency only

if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Clewis v. State , 922 S.W.2d 126, 129 (Tex. Crim. App. 1996); Stone v. State , 823 S.W.2d 375,

381 (Tex. App.--Austin 1992, pet. ref'd as untimely filed).

Appellant matched Johnson's radioed description and was ide

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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