logical force factors in Texas

2024See, e.g., Biggers v. State, 634 S.W.3d 244 , 254 (Tex. App.—Texarkana 2021, pet. ref’d) (recognizing that “[t]he number of factors present is not as important as the logical force the factors have in establishing the elements of the offense” (alteration in original) (quoting Gilbert v. State, 874 S.W.2d 290, 298 (Tex. App.— Houston [1st Dist.] 1994, pet. ref’d))).

2023“The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense.” Biggers, 634 S.W.3d at 253 (quoting Gilbert v. State, 874 S.W.2d 290, 298 (Tex. App.—Houston [1st Dist.] 1994, pet. ref’d)).

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2011Jones v. State, 963 S.W.2d 826, 830 (Tex. App.– Texarkana 1998, pet. ref‟d).

2023“The number of factors present is of less import than the logical force the factors have, alone or in combination, in establishing the elements of the offense.” Gilbert, 874 S.W.2d at 298 (citing Whitworth v. State, 808 S.W.2d 566, 569 (Tex. App.—Austin 1991, pet. ref’d)).

2014But the “number of factors present is not as important as the logical force the factors have in establishing the elements of the offense.” Gilbert, 874 S.W.2d at 298 (citing Whitworth v. State, 808 S.W.2d 566, 569 (Tex.App.-Austin 1991, pet. ref'd)); see Lair v. State, 265 S.W.3d 580, 588 (Tex.App.-Houston [1st Dist.] 2008, pet. ref'd) (evidence was sufficient to support conviction where nine links were not present because “possible links that do not exist ... do not negate the links that are present”); Gant v. State, 116 S.W.3d 124, 132-33 (Tex.App.-Tyler 2003, pet. *767 ref'd) (holding suffi

2023“The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense.” Moreno v. State, 195 S.W.3d 321, 326 (Tex. App.—Houston [14th Dist.] 2006, pet. ref’d).

2022As with possession, “[t]he number of factors present is not as important as the logical force the factors have in establishing the elements of the offense.” Moreno, 195 S.W.3d at 326 .

2021See Robertson v. State, 80 S.W.3d 730, 735 (Tex. App.—Houston [1st Dist.] 2002, pet. ref’d).

2016Roberson v. State, 80 S.W.3d 730, 735 (Tex.App.—Houston [1st Dist.] 2002, pet. refd).

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2009Hurtado v. State , 881 S.W.2d 738, 743 (Tex. App.-Houston [1st Dist.] 1994, pet. ref'd).

2020See Smith, 176 S.W.3d at 916 .

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

1999"The number of factors present is less important than the logical force of those factors, alone or in combination, in establishing the elements of the offense." Martinets , 884 S.W.2d at 188 (citing Whitworth , 808 S.W.2d at 569 & Trejo , 766 S.W.2d at 385 ).

1999"The number of factors present is less important than the logical force of those factors, alone or in combination, in establishing the elements of the offense." Martinets , 884 S.W.2d at 188 (citing Whitworth , 808 S.W.2d at 569 , and Trejo , 766 S.W.2d at 385 ).

2016Corpus, 30 S.W.3d at 38 .

2004A The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense. @ Corpus , 30 S.W.3d at 38 ; Gilbert , 874 S.W.2d at 298 .

2021“The number of factors present is not as important as the logical force the factors create to prove that the defendant knowingly possessed the controlled substance.” Medina, 565 S.W.3d at 874 (quoting Evans, 202 S.W.3d at 162 ).

2018Id. at 162 .

2005Rarely does any single factor contain logical force "sufficient to sustain a conviction based on constructive possession"; however, "'the number of factors present is less important than the logical force of those factors, alone or in combination, in establishing the elements of the offense.'" Id. (quoting Martinets v. State , 884 S.W.2d 185, 188 (Tex. App.--Austin 1994, no pet.)).

2005Rarely does any single factor contain logical force “sufficient to sustain a conviction based on constructive possession”; however, “‘the number of factors present is less important than the logical force of those factors, alone or in combination, in establishing the 12 elements of the offense.’” Id. (quoting Martinets v. State, 884 S.W.2d 185, 188 (Tex. App.—Austin 1994, no pet.)).

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2008Circumstantial evidence used to prove the links must amount to more than a "strong suspicion or even a probability." Id. (citing Grant v. State , 989 S.W.2d 428, 433 (Tex. App.-Houston [14th Dist.] 1999, no pet.)).

2009Id. ; Wallace v. State , 932 S.W.2d 519, 524 (Tex.App.–Tyler 1995, pet. ref’d). (footnote: 3) As noted, Officer Weems testified he saw a black male, wearing a white tank top and black jean shorts with a large shiny buckle, (footnote: 4) toss several shiny objects the size of a ping-pong ball from the grassy area on the east side of the driveway.

2006Id. ; Wallace v. State , 932 S.W.2d 519, 524 (Tex.App.-Tyler 1995, pet. ref'd). (3) As noted, Officer Weems testified he saw a black male, wearing a white tank top and black jean shorts with a large shiny buckle, (4) toss several shiny objects the size of a ping-pong ball from the grassy area on the east side of the driveway.

2015Hargrove v. State, 211 S.W.3d 379, 386 (Tex. App.— 1 In Evans v. State, the court of criminal appeals recognized that the word “affirmative” adds nothing to the plain meaning of “link,” and states that evidence of drug possession is judged by the same standard as all other evidence.

2015Hargrove v. State, 211 S.W.3d 379, 386 (Tex. App. - San Antonio 2006, pet. ref'd).

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2018Furthermore, “intent to deliver is a question of fact for the jury to resolve, and it may be inferred from the acts, words, or conduct of the accused.” Taylor v. State, 106 S.W.3d 827, 831 (Tex. App.—Dallas 2003, no pet.).

2008State v. Provost, 205 S.W.3d 561, 568 (Tex. App.—Houston [14th Dist.] 2006, no pet.); Taylor v. State, 106 S.W.3d 827, 831 (Tex. App.—Dallas 2005, no pet.); Bethancourt-Rosales v. State, 50 S.W.3d 650, 656 (Tex. App.—Waco 2001, pet. ref’d). 18 The number of factors is not as important as the logical force those factors have in establishing the elements of the offense.

2026In addition, “[i]ntent can be inferred from the acts, words, and conduct of the accused.” Patrick v. State, 906 S.W.2d 481, 487 (Tex. Crim.

2021In addition, “[i]ntent can be inferred from the acts, words, and conduct of the accused.” Patrick v. State, 906 S.W.2d 481, 487 (Tex. Crim.

2015"The number of factors is not as important as the logical force the factors have in establishing the elements of the offense." Lassaint, 79 S.W.3d at 741 (citing Jones v. State, 963 S.W.2d 826, 830 (Tex.App.—Texarkana 1998, no pet.); Hurtado v. State, 881 S.W.2d 738, 743 (Tex.App.—Houston [1st Dist.] 1994, pet. ref d); Gilbert v. State, 874 S.W.2d 290, 298 (Tex.App.— 36 Houston [1st Dist.] 1994, pet. ref d)); see Smith, 176 S.W.3d at 916 . "[P]roof amounting to a strong suspicion or even a probability will not suffice." Lassaint, 79 S.W.3d at 741 (citing Grant v. State, 989 S.W.2d 428, 433 (Te

2006Accordingly, “[w]hile affirmative links may be proved by circumstantial evidence, proof amounting to a strong suspicion or even a probability will not suffice.” Lassaint v. State, 79 S.W.3d 736, 741 (Tex.App.-Corpus Christi 2002, no pet.) (citing Grant v. State, 989 S.W.2d 428, 433 (Tex.App.-Houston [14th Dist.] 1999, no pet.) citing Dubry v. State, 582 S.W.2d 841, 844 (Tex.Crim.App. [Panel Op.] 1979))).

2015See Black v. State, 411 S.W.3d 25, 28-29 (Tex. App.—Houston [14th Dist.] 2013, no pet.).

2014See Black v. State, 411 S.W.3d 25 , 28–29 (Tex. App.— Houston [14th Dist.] 2013, no pet.). 5 The evidence showed that appellant dropped a plastic bag as he was running from police.

2022Id.; see also Tate, 500 S.W.3d at 414 (listing similar factors for establishing narcotics possession); Bates v. State, 155 S.W.3d 212, 216 (Tex. App.—Dallas 2004, no pet.) (“In cases involving unlawful possession of a firearm by a felon, we analyze the sufficiency of the evidence under the rules adopted for determining the sufficiency of the evidence in cases of unlawful possession of a controlled substance.”). 5 “The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense,” and “[t]he absence of various affirmative links

2017“The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense,” and “[t]he absence of various affirmative links does not constitute evidence of innocence to be weighed against the affirmative links present.” Id.

2022Id.; see also Tate, 500 S.W.3d at 414 (listing similar factors for establishing narcotics possession); Bates v. State, 155 S.W.3d 212, 216 (Tex. App.—Dallas 2004, no pet.) (“In cases involving unlawful possession of a firearm by a felon, we analyze the sufficiency of the evidence under the rules adopted for determining the sufficiency of the evidence in cases of unlawful possession of a controlled substance.”). 5 “The number of factors present is not as important as the logical force the factors have in establishing the elements of the offense,” and “[t]he absence of various affirmative links

2008Bates, 155 S.W.3d at 217 ; Hawkins, 89 S.W.3d at 677 .

2022“Although these factors can help guide a court’s analysis, ultimately the inquiry remains that set forth in Jackson: Based on the combined and cumulative force of the evidence and any reasonable inferences therefrom, was a jury rationally justified in finding guilt beyond a reasonable doubt?” Tate, 500 S.W.3d at 414 (citing Jackson, 443 U.S. at 318–19).

2022See Jackson v. Virginia, 443 U.S. 307, 313 (1979). 13 conclude that the logical force of these factors is sufficient to link Nelson to the methamphetamine, and the jury could therefore have reasonably concluded that he possessed the drugs with Hill.