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· 9/26/2002

State v. Franco-Amador

Citations

  • 83 S.W.3d 555
  • 2002 WL 337860

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding insufficient evidence of constructive possession because the State did not prove the defendant had the power or intention to exercise control over the methamphetamine
  • finding insufficient evidence of constructive possession because the State did not prove the defendant had the power or intention to exercise control over the methamphetamine
  • addressing nervousness that could be equally explained by an accused's status as an illegal immigrant, which, without evidence of other incriminating factors, could not support a conviction for possession
  • “Considering the totality of these circumstances together: nervousness, flight, duct tape and masking odors, this court cannot say that this evidence was sufficient to find that [the defendant] constructively possessed the methamphetamine….”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lowenstein, Spinden, Ellis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.