David v. Texas (original by judge hervey)
Annotate this CaseAppellant Sholomo David was indicted for third-degree felony tampering with physical evidence. The State’s theories were that Appellant “altered,” “concealed,” or “destroyed” marijuana when he dumped it into a toilet containing water and human waste during a police raid of the motel room he was in. The jury convicted Appellant and sentenced him to 30 years’ confinement as a habitual offender. Appellant appealed, arguing (among other things) that the evidence was legally insufficient to show that he put the marijuana in the toilet and to prove that putting the marijuana into the toilet with water and human waste altered, concealed, or destroyed it. The court of appeals found the evidence legally insufficient and rendered an acquittal. The Texas Court of Criminal Appeals granted review and concluded the evidence was legally sufficient to show that Appellant altered the marijuana. Judgment was reversed and the case remanded to the court of appeals for it to address Appellant’s remaining issues.
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