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884 S.W.2d 185

Martinets v. State

Court of Appeals of Texas

Decided September 28, 1994

Court of Appeals of Texas · decided 1994-09-28

Cited by 25 later decisions — most recently May 2007 · most notably Davila v. State (1996), Howley v. State (1997)

25 state decisions

Key passage — most relied on by later courts

“inference” so derived is not "reasonable.” Third, the State's argument is contradicted by the testimony of Prestridge who stated he stopped the vehicle because it crossed the left lane marker. There is no evidence that Prestridge was relying, in whole or in part, on a tip from a female informant. 13 . The State argues that we have not viewed the evidence in the light most favorable to the prosecution, but that is the only light in which the evidence can be viewed because appellant did not offer any contrary evidence. The State further agues that we have ignored the holding in Brown, supra, and have "reached for hypotheses other than appellant’s guilt.” Such hyperbole is untrue, and portrays a misunderstanding of what is required of appellate courts when determining whether the evidence is legally sufficient to support a conviction in a possession case. We have not suggested any other hypotheses; we have merely reviewed the evidence in the light most favorable to the prosecution, considering the factors previously catalogued by the Court of Criminal Appeals and our sister courts of appeals which may serve to affirmatively link an accused to contraband. The Dixon Court reviewed several of these same factors and came to the conclusion that the factors indicating the defendant "did not have control were not only more numerous but more convincing.”

quoted by 1 later decision, including Jenkins v. State

Relies on Jackson v. Virginia · Stone v. State · McCambridge v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-09-28

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

¶2Appellant files a motion for rehearing and asserts as his sole point of error that this Court failed to consider the factual as well as the legal sufficiency of the evidence on appeal. Appellant argues that a court should consider both legal and factual sufficiency points of error when a “global” sufficiency of the evidence point is raised. We will overrule the motion for rehearing.

¶3A court must review the legal sufficiency of the evidence in order to meet the minimum due process requirements of the Fourteenth Amendment to the U.S. Constitution. Jackson v. Virginia, 443 U.S. 307, 320 n. 12, 99 S.Ct. 2781, 2789 n. 12, 61 L.Ed.2d 560 (1979). Factual sufficiency review is a stricter standard of review than that set out in Jacksonand is permitted to the courts of appeals by the Texas Constitution, Art. V, § 6. See Stone v. State, 823 S.W.2d 375, 377-80 (Tex.App. — Austin 1992, pet. refd, untimely filed). Attorneys, when briefing constitutional questions, should carefully separate federal and state issues and provide substantive analysis or argument on each. If sufficient distinction between state and federal constitutional grounds of review is not *189provided, courts may overrule the ground as multifarious. McCambridge v. State, 712 S.W.2d 499, 501 n. 9 (Tex.Crim.App.1986). Texas Rule of Appellate Procedure 74(d) also requires distinct points of error when filing an appellate brief. By combining more than one contention in a single point of error, an appellant risks rejection on the grounds that nothing will be presented for review. Sterling v. State, 800 S.W.2d 513, 521 (Tex.Crim.App.1990).

¶4This Court has made clear that “global” sufficiency points of error embrace legal and factual sufficiency only in civil cases. Stone, 823 S.W.2d at 377 n. 2. Moreover, even in civil cases, legal and factual sufficiency points of error may be combined only if the record references and the argument made under that point sufficiently direct the court’s attention to the nature of the complaint regarding each relevant issue, finding, or legal conclusion. Tex.R.App.P. 74(d).

¶5In his original appeal, appellant urged us to examine the evidence in the light most favorable to the verdict and determine whether a rational trier of fact could have found the appellant guilty of all elements of the offense beyond a reasonable doubt. Appellant’s Brief at 5 (citing Jackson, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560). This is the standard of review for legal sufficiency of the evidence. Nowhere in his original brief did appellant request review of the evidence for factual sufficiency, mention the standard for factual sufficiency review, or cite to cases involving factual sufficiency review. In short, appellant did nothing to direct our attention to the error about which he now complains.

¶6Nevertheless, we have examined the evidence under the factual sufficiency standard of Stone. A judge’s findings of fact are reviewable for legal and factual sufficiency of the evidence by the same standards used to review jury findings. Okon v. Levy, 612 S.W.2d 938, 941 (Tex.App. — Dallas 1981, writ refd n.r.e.) (citing Hall v. Villarreal Dev. Corp., 522 S.W.2d 195 (Tex.1975)). When conducting a factual sufficiency review, we do not review the evidence in the light most favorable to the verdict. Instead, we consider all the evidence equally, including the testimony of defense witnesses and the existence of alternative hypotheses. Orona v. State, 836 S.W.2d 319 (Tex.App. — Austin 1992, no pet.) We will set aside a verdict for factual insufficiency only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Stone, 823 S.W.2d at 381.

¶7Appellant was the driver of the car in which the contraband was found. The marihuana and rolling papers found in the closed ashtray were conveniently accessible to appellant. There was an odor of marihuana in the vehicle. We thus hold that the trial court’s finding that the appellant was sufficiently linked to the marihuana found in the car was not so contrary to the overwhelming weight of evidence as to be clearly wrong and unjust.

¶8CONCLUSION

¶9In his original brief, appellant raised and argued only a legal sufficiency point of error. This Court properly applied only a legal sufficiency review in affirming appellant’s conviction. Even if a factual sufficiency point of error had been presented for review, we would affirm the conviction. We therefore overrule the motion for rehearing.

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