· 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 CourtListenerSourced 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.