Russell Wade Haney v. The State of Texas--Appeal from 46th District Court of Wilbarger County
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NO. 07-10-0057-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
AUGUST 16, 2010
RUSSELL WADE HANEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
____________________________
FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY;
NO. 11,333; HONORABLE DAN MIKE BIRD, PRESIDING
Memorandum Opinion
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Russell Wade Haney appeals his conviction of possession of a controlled
substance (cocaine) in an amount of less than one gram. In doing so, he claims the
evidence is factually insufficient to sustain the conviction. We overrule the issue and
affirm the judgment.
We review appellant’s challenge under the standard espoused in Watson v.
State, 204 S.W.3d 404 (Tex. Crim. App. 2006) and its progeny. And, in doing so, we
note that appellant does not attempt to dispute the evidence that he rode his bicycle into
an alley known for its drug sales, met with someone therein, hurriedly rode out of the
alley, extended his left hand from the bike and opened it when told to stop by the police,
and informed various of the officers that he had bought “two rocks” and dropped “two
rocks.” Also undisputed by appellant is the evidence illustrating that the officers found
two “rocks” of cocaine at the locale whereat appellant was seen opening his hand. This
data is not too weak to enable a rational jury to deduce, beyond reasonable doubt, that
appellant possessed the cocaine found by the police. Nor would such a deduction be
manifestly unjust.
As for appellant’s insinuation that the State failed to prove that he knew the
“rocks” were cocaine, we do recall a time when it was rather fashionable to buy and
possess items of geologic creation. But, owning or possessing igneous, sedimentary,
or like creations was not unlawful, as far as we know. So, one can only wonder why
appellant would buy “rocks” in an alley and abandon them when confronted by the
police if he did not know them to be contraband. Indeed, the act of abandonment itself
could be characterized as an instance of consciousness of guilt. See Davis v. State,
862 S.W.2d 817, 819 (Tex. App.–Beaumont 1993, no pet.) (describing the concept).
And, we find nothing wrong with a jury so interpreting the circumstances.
Accordingly, the judgment is affirmed.
Brian Quinn
Chief Justice
Do not publish.
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