Allen v. State (2008)
In Allen v. State. 249 S.W.3d 680 (Tex. App.--Austin 2008, no pet.), the court found that evidence was legally insufficient to support the appellant's conviction for possession where there was no evidence indicating that the appellant lived at the apartment where cocaine was found, no cocaine was found on the appellant's person, the appellant did not try to flee from the premises or attempt to hide any items when officers entered, the appellant was cooperative with the police and made no incriminating statements, and most of the cocaine was discovered in a plastic bag within a closed dog food bag in the dining room. See id.
Allen was seated on a couch in the living room with two small children when officers entered and stated that she was at the apartment babysitting for the person who resided in the apartment. See id.
In Allen v. State, the evidence only established that the defendant was present in an apartment in which she did not reside when cocaine was found secreted throughout the house--in a plastic bag buried in a closed dog food bag; under the kitchen sink; in a kitchen cabinet; and on a platter on top of a refrigerator. Id. at 694-99.
The Austin Court of Appeals held that this evidence was legally insufficient to support a conviction for cocaine possession. Id. at 704.