Opinion

Humason v. State

  • 728 S.W.2d 363
  • 1987 Tex. Crim. App. LEXIS 548
Court
Court of Criminal Appeals of Texas
Filed
Mar 18, 1987
Status
Published
Author
Clinton
On the bench
Campbell, Clinton, Davis, Onion, McCormick, White
Cited by
275 cases
Authority
More cited than 10.4%

Overruled on other grounds by Geesa v. State, 1991 Tex. Crim. App. LEXIS 240 (1991)

holding that there was insufficient evidence to show that the defendant had knowledge that the substance found in an unzipped bag was narcotics

How later courts described this case

  • holding that there was insufficient evidence to show that the defendant had knowledge that the substance found in an unzipped bag was narcotics
  • AConsistent with the mens rea requirement of a possessory offense under the Controlled Substances Act, this Court has held that the State must provide evidence of >affirmative links= between a defendant and a controlled substance.@
  • no proof in the record that defendant was aware of the properties of a particular controlled substance
  • cocaine found in open gym bag on seat of truck defendant was driving insufficient to sustain conviction for possession where there were no other affirmative links

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Geesa v. State, 1991 Tex. Crim. App. LEXIS 240 (1991)

    See Humason v. State, 728 S.W.2d 363, 367 (Tex. Crim. App. 1987), overruled by Geesa, 820 S.W.2d 154.
    Court of Criminal Appeals of TexasNov 6, 199113 citing opinionsother groundsRead it
  • Abrogated by Brown v. State, 1995 Tex. Crim. App. LEXIS 131 (1995)

    728 S.W.2d 363 (Tex. Crim. App. 1987), abrogated by Brown v. State, 911 S.W.2d 744
    Court of Criminal Appeals of TexasDec 13, 1995medium confidenceRead it

Distinguished

  • Distinguished by Rogers v. State, 1993 Tex. App. LEXIS 476 (1993)

    Since this case was tried on June 29, 1992, Humason and its progeny are inapplicable.
    Texas Court of Appeals, 9th District (Beaumont)Jan 13, 1993Read it

The opinion

CLINTON, Judge,

concurring.

Once again we confront “the unique character of ‘possessory’ offenses [that] has always plagued and confounded the bench and bar.” Gorman v. State, 634 S.W.2d 681, 685 (Tex.Cr.App.1982). In addressing the offense at issue in this cause from the standpoint of the culpable mental state of “knowingly,” the opinion of the Court first succumbs to the temptation to revisit past definitions of “possession,” and as I understand note 7, the Court is holding that the statutory definition in Article 4476-15, § 1.02(34) V.A.C.S., prevails over former loose usage in the cases. So far so good.

According to V.T.C.A. Penal Code, Titles 1, 2, and 3 apply to “offenses defined by other laws.” The same definition of possession is in V.T.C.A. Penal Code, § 1.07(a)(28). But that definition alone *368 does not provide a full meaning of the term; also to be considered are provisions in Title 1, Chapter 6, § 6.01(a) and (b), alluded to at page 4, but not discussed, in the opinion of the Court. I write to point out there is more to the meaning of “possession” than the statutory definition.

The sine qua non for an offense is that a person “voluntarily engages in conduct, including an act, an omission, or possession, § 6.01(a). And “as the words ‘actual care, custody, control or management,’ indicate, the voluntary act of ‘possession’ necessarily presupposes that ‘the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.’ V.T.C.A. Penal Code, 6.01(b). Thus myriad possession cases allude to the quite distinct requirement that the actor ‘know of the whereabouts of the contraband.’ In sum, an awareness of the whereabouts of the contraband is an essential ingredient of the culpable act of ‘possession;’ that is, the state of having ‘care,’ ‘control,’ ‘management’ or ‘custody’ under our law.” Gor-man v. State, supra, at 686. *

This novel character of “possession” is distinct from yet must be coupled with the required “culpable mental state” that the actor know the forbidden nature of the object or substance that is in his actual care, custody, control or management to constitute an offense. Gorman, supra, notes 6 and 7. In this cause, the applicable element of “knowingly” in § 6.03(b) is that the actor be “aware of the nature of his conduct.”

As thus analyzed, that appellant is not shown by the evidence to “possess” the residue of white powder in a vial in an unzipped cloth gym bag on, as the majority below found, the passenger’s seat is clear enough to me. And on that basis I join the opinion of the Court.

Emphasis added in original; all other emphasis is mine unless otherwise indicated.

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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