Willie Joe Johnson v. The State of Texas--Appeal from 264th District Court of Bell County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-642-CR
WILLIE JOE JOHNSON,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 41,809, HONORABLE L. CLIFFORD DAVIS, JUDGE PRESIDING

PER CURIAM

A jury found appellant guilty of delivering less than twenty-eight grams of cocaine, a controlled substance. Tex. Health & Safety Code Ann. 481.112 (West 1992). The district court assessed punishment, enhanced by a previous felony conviction, at imprisonment for twenty years.

The court's charge explained and applied the law of parties. In his only point of error, appellant complains that the evidence is legally insufficient to support the jury's finding that he was a party to this offense.

Mario McGowan, a paid informer, and Cary Robinson, a military police officer, were working undercover with members of the Temple police department in an operation targeted at individuals suspected of selling drugs to military personnel. On March 3, 1992, McGowan and Robinson went to the apartment occupied by James Houston, one of the targeted individuals. When McGowan told Houston that he wanted to buy some crack cocaine, Houston replied that he did not sell drugs and suggested that they ask two other persons present in the apartment, Jerome Powell and appellant. McGowan repeated his request to Powell, in the hearing of appellant, and Powell told him to "follow us."

Appellant and Powell left the apartment complex in a car driven by appellant and, followed by McGowan and Robinson in their own car, drove to a gas station. At the station, appellant told McGowan to "hang low, put some air in your tires, we'll be back." Appellant and Powell drove away, returning to the station a few minutes later. Powell got in the car with McGowan and Robinson where he sold the officers slightly less than ten grams of crack cocaine for $500. While this transaction was taking place, appellant stood behind his own car. One of the Temple police officers who was watching these events from a distance testified that appellant "appeared to be looking around a lot" as if looking for the police. After the transaction was complete, appellant walked over to McGowan. McGowan told him that he would be wanting a half ounce of crack a week. Appellant replied that "you all got the beeper number" and said that a half ounce a week would be "no problem."

A person is criminally responsible for an offense committed by the conduct of another if, acting with intent to promote or assist the commission of the offense, he aids the other person to commit the offense. Tex. Penal Code Ann. 7.02(a)(2) (West 1974). Appellant contends that the evidence does not establish that he was acting with the intent to promote or assist Powell's delivery of cocaine to McGowan. He urges that there is no evidence that he knew Powell had cocaine or that he was going to sell it. Appellant claims that the State proved only that he gave a friend a ride, without any intention of aiding in the commission of a criminal offense.

We are not persuaded by appellant's argument. The evidence shows that appellant heard McGowan ask Powell for cocaine, told McGowan to act in such a manner as to not draw attention while he waited for appellant and Powell to return to the station, appeared to keep watch while the drug transaction took place, knew that Powell had given McGowan a beeper number, and assured McGowan of future deliveries of cocaine. The jury could reasonably infer from this evidence that appellant was aware of Powell's unlawful activities and intended to aid him in carrying them out. Viewed in the light most favorable to the verdict, the evidence is sufficient to establish each element of the offense for which appellant was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (1979); Griffin v. State, 614 S.W.2d 155 (Tex. Crim. App. 1981). The point of error is overruled.

The judgment of conviction is affirmed.

 

[Before Justices Powers, Kidd and B. A. Smith; Justice Kidd Not Participating]

Affirmed

Filed: May 19, 1993

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