Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›
San Francisco Labor & Employment Senior Litigation Associate

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements