Delgado v. State (2009)
In Delgado v. State, 2009 WL 497740, at 2 (Tex.App.--El Paso, 2009, no pet.)(not designated for publication) the appellant challenged the legal and factual sufficiency of the evidence to sustain his conviction for possession of marijuana.
The Court found that Delgado exercised control over the vehicle and its contraband because he was the driver and sole occupant.
The affirmative links connecting him to the contraband included:
(1) the quantity and location of the contraband;
(2) conduct during his interaction with the officer;
(3) a notebook, considered to be a "drug ledger," found in the vehicle. Id.
The officer found the marijuana in a hidden compartment and the officer testified that Delgado became nervous when he was given the reason for the stop. Id.
His hands were shaking and he began to stutter as he talked. Id. The evidence was not insufficient despite the fact that he did not make any incriminating statements, did not have a large amount of cash on him, and did not attempt to flee. Id.