Date: 03-09-2023

Case Style:

The State of Texas v. Davyeon Batiste

Case Number: 160661D

Judge: Chris Wolfe

Court: 213th District Court, Tarrant County, Texas

Plaintiff's Attorney: The State of Texas v. Davyeon Batiste

Defendant's Attorney:

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Description: Fort Worth, Texas criminal defense lawyer represented Defendant charged with third-degree deadly conduct knowingly discharging a firearm at or near the direction of another in violation of "Tex. Penal Code Ann. § 22.05(b)..." Batiste v. State (Tex. App. 2023).

Jefferson County Courthouse - Tarrant, Texas

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The Penal Code defines "possession" as "actual care, custody, control, or management." Tex. Penal Code Ann. § 1.07(a)(39). Certain factors, either alone or in combination, may be considered in deciding whether someone has knowingly possessed a firearm. See Swapsy v. State, 562 S.W.3d 161, 165 (Tex. App.-Texarkana 2018, no pet.) (reviewing evidentiary sufficiency to support conviction for unlawful possession of a firearm by a felon). These factors include: (1) the defendant's presence when the search was conducted, (2) whether the firearm was in plain view, (3) whether the defendant was in close proximity to and had access to the firearm, (4) whether the defendant had a special connection to the firearm, (5) whether the defendant possessed other contraband when arrested, (6) whether the defendant made incriminating statements when arrested, (7) whether the defendant attempted to flee, (8) whether the defendant made furtive gestures, (9) whether the defendant owned or had the right to possess the place where the firearm was found, (10) whether the place where the firearm was found was enclosed, (11) whether the persons involved gave conflicting statements on relevant matters, and (12) whether the defendant's conduct indicated a consciousness of guilt. Id. The logical force of the links, not their number, is dispositive. Id. But mere presence in the same place as the weapon does not support a possession finding. See Dowdy v. State, No. 02-18-00112-CR, 2019 WL 3436607, at *4 (Tex. App.-Fort Worth July 30, 2019, no pet.) (mem. op., not designated for publication) (citing McGoldrick v. State, 682 S.W.2d 573, 578 (Tex. Crim. App. 1985)).
Batiste v. State (Tex. App. 2023)

Outcome: Defendant pleaded guilty.

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