Cooper v. State

The question in this case is whether a defendant may be found guilty beyond a reasonable doubt of intentionally and knowingly possessing cocaine, when the only evidence of possession is that he was a passenger in a car owned by someone else and driven by a third person, and a baggie containing 1.6 grams of cocaine was found toward the back of the seat he occupied.

I would hold that this case is controlled by Humason v. State, 699 S.W.2d 922 (Tex.App.—Houston [1st Dist.] 1985), aff'd, 728 S.W.2d 363 (Tex.Crim.App.1987). In Hu*620mason, the Court of Criminal Appeals declared:

Mere presence in the…