Medina v. State

The appellant was convicted of possession of cocaine. Additionally, the trial court adjudicated guilt on an earlier deferred charge, revoking probation on that deferred charge. Circumstantial evidence of possession should not be analyzed in isolation, but rather should be viewed in combination and its sum total to determine if there is sufficient evidence connecting appellant to the actual care, custody or control of the drugs at issue. The finality of the judgment in the possession case was irrelevant because the court heard legally sufficient evidence establishing a new law violation by a preponderance of the evidence, and relied upon that evidence to revoke appellant's probation. The trial court's judgment on the possession charge is reversed, the judgment in the adjudication proceeding is affirmed as modified. Houston's 1st Court of Appeals, No. 01-10-01134-CR, 12-01-2011.

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OPINION

Appellant Eloise Medina was convicted, pursuant to a jury verdict, of possession of cocaine and sentenced by the trial court to 15 years’ confinement (the possession case*fn1 ). The same evidence giving rise to that conviction, coupled with other evidence presented to the trial court, was the basis for the trial court’s additionally adjudicating guilt on an earlier deferred charge, revoking probation on that deferred charge, and imposing a sentence of 5 years’ confinement and a $300 fine (the adjudication proceeding*fn2 ). Appellant appeals both her conviction in the possession case and her adjudication of guilt in the adjudication proceeding. We reverse her conviction in the possession case, and we affirm the trial court’s adjudicating guilt on her deferred charge in the adjudication proceeding, but modify that judgment to delete the assessment of the $300 fine.

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