Blanton v. State

In Blanton v. State, Nos. 05-05-01060-CR and 05-05-01061-CR, (Tex.App.--Dallas July 21, 2006, pet. ref'd), the defendant was stopped for a traffic violation and before stopping, he dropped two plastic baggies from his car window. The baggies were later retrieved and although some of the contents had spilled onto the street, a measurable amount of crack cocaine remained in them. He was convicted of possession of cocaine and tampering with evidence. Regarding the tampering conviction, he argued on appeal that the State failed to prove he "concealed" the cocaine because he had in fact exposed it to the officer's view. The Dallas Court of Appeals agreed that Blanton had not concealed the cocaine but nevertheless affirmed his conviction for tampering with evidence based on having "altered" the cocaine because the baggies had ripped and their contents had spilled onto the roadway. Id. at *8-9.