Austin McLure Bounds v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledOctober 8, 2026
Docket03-25-00658-CR
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00658-CR
Austin McLure Bounds, Appellant
v.
The State of Texas, Appellee
FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 24-0655-K368, THE HONORABLE SARAH SOELDNER BRUCHMILLER, JUDGE
PRESIDING
MEMORANDUM OPINION
Austin McClure Bounds was charged with the felony offense of manufacturing or
delivering a controlled substance (methamphetamine) in an amount that was 4 grams or more but
less than 200 grams. See Tex. Health & Safety Code § 481.112(d). The indictment also alleged
that he had previously been convicted of possession of a controlled substance in the same
amount as above. See id. § 481.115(d); Tex. Penal Code § 12.42. The jury found him guilty of
the charged offense, and he pleaded true to the enhancement allegation. Following a punishment
hearing, the jury sentenced him to 30 years’ imprisonment, and the trial court rendered its
judgment of conviction accordingly. See Tex. Penal Code § 12.32. In eight issues on appeal, he
challenges the sufficiency of the evidence supporting his conviction and argues that the trial
court erred by denying his motion to suppress, that the trial court erred by failing to include in
the jury charge instructions for spoliation and corroboration, and that the cumulative effect of
two of the jury charge errors and the erroneous denial of his motion to suppress should result in
the reversal of his conviction. We will affirm the trial court’s judgment of conviction.
BACKGROUND
Before the events at issue in this case, William Kaman Sr. was living in a home
on Karolyn Drive in Round Rock, Texas. He had lived there for several years, and his property
had a main house, a large garage with two sleeping areas and air conditioning, and a shed for
storage. One of his sons, William Kaman Jr., lived in one of the garage bedrooms but did not
live in the main house. Kaman Sr. died, and Kaman Jr. moved into the main home. Kaman Sr.
had another son who was named as executor for the estate. Following Kaman Sr.’s death, his
son serving as executor and neighbors called the police multiple times to report that there were
several unauthorized people living in the home and that other individuals were driving to the
home at odd hours and engaging in behavior leading the callers to believe that drugs were being
sold at the home.
After receiving these tips, police officers surveilled the home for several months
and parked unmarked police cars close enough to be able to observe who was driving to the
home but far enough away to avoid being noticed. One of the officers, Sergeant Eric Mount,
decided to stop by the home on his way to work around 8:00 a.m. on the morning of April 5,
2024. While Sergeant Mount was watching the home, a truck drove to the property. Once the
truck parked at the Karolyn home, a man approached the vehicle, opened the front passenger side
door, and got inside. Although Sergeant Mount was too far away to identify the person who got
inside the vehicle, he was close enough to notice the man’s clothing and his stature. Sergeant
2
Mount saw the passenger quickly get out of the vehicle and walk into the backyard as the truck
drove away from the house.
Sergeant Mount believed that the behavior he just observed was consistent with “a
hand-to-hand drug sale.” He then followed the truck and observed the driver traveling in the
middle lane of a road with three lanes traveling in the same direction. The driver later turned
into a parking lot from the middle lane and crossed over the right-hand lane of the road.
Believing he had seen a traffic violation, Sergeant Mount contacted patrol officers in the area to
report that the driver had committed a traffic offense and to request that the officers make a
traffic stop. A nearby officer in a marked police car initiated a traffic stop, and Sergeant Mount
drove to the police station once he saw the responding officers initiating the traffic stop.
One of the officers performing the stop was Officer Miles Tucker, who was a K-9
handler for the police department and had his police drug dog with him. After the driver of the
truck pulled over, the officer approached the vehicle to speak with the driver, and the driver
identified himself as Jason Farrington. Farrington was argumentative with the officer about the
stop, and his hands were shaking. Farrington told the officer that he had just dropped his
daughter off at a house on Karolyn Drive. The officer asked to see Farrington’s driver’s license
and asked dispatch to run a criminal history on him. Although Farrington admitted to having
received traffic citations in the past, he did not mention that he had previously been arrested and
convicted of offenses involving illegal drugs.
Officer Tucker walked his drug dog around the truck, and the dog alerted near the
passenger door. At that point, Officer Tucker removed Farrington from the vehicle and frisked
Farrington. Officer Tucker and two other officers then searched the vehicle and found a handgun
in the center console and a baggie containing a white substance in a rear cup holder. Subsequent
3
testing on the white substance revealed that it was 14.31 grams of methamphetamine. Officer
Tucker arrested Farrington and transported him to the police station.
When Farrington arrived at the police station, Sergeant Mount and Detective
Justin LeFan interviewed him. The officers informed Farrington that they were investigating
Kaman Jr., and Sergeant Mount stated that he thought he saw Kaman Jr. get into Farrington’s
truck earlier. Farrington corrected Sergeant Mount to say that Bounds had been the person who
got into the truck with him, not Kaman Jr. Sergeant Mount knew Bounds because he was a
long-term resident of Round Rock. According to Sergeant Mount and Detective LeFan,
Farrington confirmed that he purchased the drugs from Bounds earlier that day. Farrington was
taken to jail after the interview.
Following the interview, Sergeant Mount returned to the Karolyn home and
parked his unmarked car closer to the home than he had been last time. He then placed a mask
over his face to conceal his identity, got out of the car, walked on the sidewalk in front of the
home, and saw a man wearing the same clothes he had seen earlier on the man who got inside the
truck. When he got closer, Sergeant Mount recognized the man as Bounds.
While Sergeant Mount returned to the Karolyn home, Detective LeFan prepared a
search-warrant affidavit and later obtained a search warrant to search the house. A SWAT team
executed the warrant later that day, and the officers found inside the home Bounds, another man,
and a woman. Kaman Jr. was not in the home. One of the SWAT officers frisked Bounds and
placed him in the backseat of Officer Taylor Roberson’s patrol car. While observing Bounds,
Officer Roberson noticed Bound’s cellphone and took custody of the phone before later giving
the phone to Sergeant Mount.
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Several officers searched the home and the other structures on the property. The
officers found inside Kaman Jr.’s bedroom baggies that could have been used for the distribution
of drugs, a scale, and 11.03 grams of methamphetamine. When searching the shed, another drug
dog alerted to pants found in the shed. While looking through the pants, the officers found a bag
of pills that appeared to be Xanax. In that same area, the police found mail, paperwork, and
prescription bottles with Bounds’s name on them. Additionally, the police found a scale with
residue on it. Bounds was initially arrested for possessing Xanax, but he was later charged with
manufacturing or distributing methamphetamine. The police did not find any money on Bounds
when he was arrested.
After Bounds was arrested, police searched his phone. The settings folder
confirmed that the phone number for the phone was the same one that was associated with
Bounds. Further, the police found Farrington as a contact in the phone, and the phone number
given for the contact matched the phone number Farrington had previously given to the police.
The text thread between Bounds’s and Farrington’s phones showed that they began
communicating with one another in September 2023 with Bounds identifying himself in the first
message. In another text message exchange, Farrington asked where to meet Bounds, and
Bounds specified the Karolyn home and told Farrington to park on the rear driveway near the
garage. On April 4, 2024, Bounds wrote the following messages to Farrington:
Hey good News better product available, some of the best in along time, and I got
a little break on it so I can do 150 for a half
Really good halftime show. Definitely a great game so far
120 if you only wanna stay for first quarter
5
A few hours later, Farrington responded, “Ok” and “I’m down.” Bounds
responded, “Cool” and “When”? Farrington answered, “I’ll be there tomorrow morning for real
at 9 o’clock if you were going to be up.” Bounds informed Farrington that he would “be up” at
that time. At 7:48 a.m. on April 5, Bounds texted Farrington, “Let me know when your ready.”
Farrington responded, “I’m headed to your location.” Bounds said, “Ok sounds good.” At 8:24
a.m., Farrington texted Bounds, “2 min” and “Here.”
After Bounds was charged with manufacturing or distributing methamphetamine,
a trial was held in which the following witnesses testified about the events summarized above:
officers involved in the traffic stop of Farrington, officers involved in the investigation of the
Karolyn home, and Farrington. The witnesses provided additional testimony set out below. The
trial court also admitted into evidence photos of the Karolyn home and items found throughout
the property, copies of the text messages between Farrington and Bounds, photos of the truck
and items found inside, the lab reports for the testing performed on the methamphetamine found
inside the truck and inside Kaman Jr.’s bedroom, and a timeline prepared by defense counsel.
In his testimony, Farrington explained that he was currently on community
supervision after pleading guilty to the offense of possessing a controlled substance. He also
stated that no promise was made regarding his testimony in this case when he pleaded guilty. He
provided his primary phone number and agreed it matched the contact information on Bounds’s
phone. He agreed that he saw Bounds on April 5 and believed it was at the home on Karolyn
Drive, which he had been to before to buy a coat from Bounds, but he explained that Bounds did
not live there. Further, he testified that he had purchased methamphetamine from Bounds
before, that he went to the Karolyn home on April 5 to buy methamphetamine after Bounds
offered to sell it, that he went there alone, and that Bounds got into the truck when he arrived.
6
Although Farrington admitted that he was talking with Bounds on April 5, he said he would have
bought methamphetamine from whomever he could. He remembered that he was wanting to buy
large amounts of methamphetamine at the time and wanted to buy at least 14 grams or a half
ounce. He described Bounds as a middleman who was supposed to connect him with the person
who lived at the home. Farrington testified that he had been using drugs and had not slept for
days at the time he went to meet Bounds and did not remember everything that happened that
day. He recalled wanting to buy a larger amount than Bounds had, so Farrington left the
house upset.
When discussing his interview, Farrington stated that the police officers said that
if he provided enough information, they would let him leave, but he agreed that he was not
allowed to leave and was instead arrested. He recalled trying to tell the police what they wanted
to hear so he could leave. After learning the amount of methamphetamine found in the truck, he
was shocked because he felt like it should have been a larger amount since he had bought drugs
from multiple people. For that reason, Farrington testified that he did not know if he bought any
drugs from Bounds that day. In addition, Farrington testified that Bounds never had the amount
of methamphetamine found in the truck. Further, Farrington explained that following his arrest
he wrote an email to Bounds and to Bounds’s attorney explaining that he did not buy drugs from
Bounds on April 5; however, he also agreed that he wrote the emails after Bounds asked him to.
Sergeant Mount testified that the police did not make any promises to Farrington
if he agreed to talk to them; on the contrary, Sergeant Mount explained that Farrington wanted to
talk. Although Sergeant Mount stated that he told Farrington he would put a note in the file
indicating that Farrington was being cooperative, Sergeant Mount also testified that Farrington
could not have been a confidential informant because of his criminal history, that he told
7
Farrington he could not make any deal with him, and that he never told Farrington that
Farrington would not go to jail that day. Further, he explained that Farrington was not an
informant because there was no arrangement set up ahead of time and because Farrington did not
bring the drugs to the police.
When discussing Farrington’s interview, Sergeant Mount agreed that interviews
should be recorded, but he also agreed there was no recording of the interview despite there
being cameras in the interview room. He explained that neither of the interviewing officers
asked for the recording to be preserved. Although he acknowledged that the interview had not
been recorded, Sergeant Mount testified that the two officers who conducted the interview could
testify about the interview.
Concerning his observations of the Karolyn home, Sergeant Mount testified that
the man’s getting into the truck briefly before getting out and the driver’s leaving the area
afterward were consistent with a “hand-to-hand drug sale.” Further, he related that a half ounce
is approximately fourteen grams.
Detective LeFan testified that at the start of the interview, Farrington was
Mirandized and told the officers that he understood his rights. Further, Detective LeFan
explained that neither officer told Farrington he would be let go if he gave them information;
rather, Detective LeFan remembered that Farrington was told that his cooperation would be
noted in the file. Detective LeFan agreed that it was his and Sergeant Mount’s responsibility to
download the interview and preserve it if it was going to be used as evidence. When told that
Farrington had testified that the police had pressured him to talk, he agreed that the absence of a
recording meant there was no way to corroborate what happened at the interview; however, he
testified that he could describe what happened. He was surprised by the summary provided of
8
Farrington’s testimony concerning the interview and by Farrington’s claim at trial that he did not
buy any drugs from Bounds.
After considering the evidence presented at trial, the jury found Bounds guilty of
the charged offense. At the start of the punishment hearing, Bounds pleaded true to the
enhancement paragraph alleging that he had previously been convicted of possessing a controlled
substance. The State called Sergeant Mount to testify about more text messages between Bounds
and Farrington in which they discussed Farrington’s buying drugs from Bounds and also
mentioned buying them at the Karolyn home. Next, the State called another police officer who
testified regarding an incident in which Bounds was found to be in possession of more than 30
grams of methamphetamine following a traffic stop. The trial court also admitted into evidence
numerous judgments from previous convictions for Bounds, including convictions for assault,
reckless driving, interference with a public servant’s duties, evading arrest, criminal mischief,
unlawful use of a criminal instrument, and theft.
When the State rested, Bounds chose to testify and explained that he began
struggling with his mental health after his mother died when he was twenty-one, that he had
nowhere to live, and that he turned to drugs to help cope. Further, he admitted that he had stolen
things to pay for drugs. He related that he had previously been shot in the stomach, had
sustained head injuries in the past that he had not fully recovered from, and had been diagnosed
with multiple mental-health disorders. In addition, he testified that Kaman Sr. gave him a place
to stay, that Kaman Jr. used and sold drugs, and that he felt like he had to help when Kaman Jr.
asked for assistance with selling drugs. Bounds admitted that he had been placed on community
supervision in the past and had his community supervision revoked.
9
Once he finished testifying, Bounds called a forensic psychiatrist who testified
that Bounds had previously been diagnosed with several mental illnesses and been declared
incompetent and hospitalized. The forensic psychiatrist also testified that mental-health issues
can lead to substance abuse and that substance abuse can cause mental-health episodes. Next,
Bounds called his sponsor who testified that Bounds was trying to change his life and had
already made significant changes. Finally, Bounds called his sister who testified that their father
had never been a part of their lives, that their mother died unexpectedly, that she had to go live
with relatives after her mother died because she was a minor, and that Bounds was left alone. In
addition, she discussed Bounds’s life-long mental-health battle.
After considering the evidence from the punishment hearing, the jury sentenced
Bounds to 30 years’ imprisonment, and the trial court rendered its judgment of conviction
consistent with the jury’s verdict.
Bounds appeals his conviction.
DISCUSSION
Sufficiency of the Evidence
In his first three issues, Bounds challenges the sufficiency of the evidence
supporting his conviction. When reviewing the sufficiency of the evidence, we view all the
evidence in the light most favorable to the judgment to determine whether any rational trier of
fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson
v. Virginia, 443 U.S. 307, 319 (1979); Stahmann v. State, 602 S.W.3d 573, 577 (Tex. Crim. App.
2020). In making this determination, “[w]e view the evidence in the light most favorable to the
verdict and consider all of the admitted evidence, regardless of whether it was properly
10
admitted.” Stahmann, 602 S.W.3d at 577. “The jury is the sole judge of credibility and weight
to be attached to the testimony of the witnesses.” Id. “Juries can draw reasonable inferences
from the evidence so long as each inference is supported by the evidence produced at trial,” id.,
and are “free to apply common sense, knowledge, and experience gained in the ordinary affairs
of life in drawing reasonable inferences from the evidence,” Eustis v. State, 191 S.W.3d 879, 884
(Tex. App.—Houston [14th Dist.] 2006, pet. ref’d). “When the record supports conflicting
inferences, we presume that the jury resolved the conflicts in favor of the verdict and defer to
that determination.” Merritt v. State, 368 S.W.3d 516, 525-26 (Tex. Crim. App. 2012).
Appellate courts must “determine whether the necessary inferences are reasonable
based upon the combined and cumulative force of all the evidence when viewed in the light most
favorable to the verdict.” Hooper v. State, 214 S.W.3d 9, 16-17 (Tex. Crim. App. 2007).
Appellate courts also must bear in mind that “direct and circumstantial evidence are treated
equally” and that “[c]ircumstantial evidence is as probative as direct evidence in establishing the
guilt of an actor” and “can be sufficient” on its own “to establish guilt.” Kiffe v. State,
361 S.W.3d 104, 108 (Tex. App.—Houston [1st Dist.] 2011, pet. ref’d). The evidence is legally
insufficient if “the record contains no evidence, or merely a ‘modicum’ of evidence, probative of
an element of the offense” or if “the evidence conclusively establishes a reasonable doubt.” Id.
at 107 (quoting Jackson, 443 U.S. at 320). Furthermore, reviewing courts “measure the
sufficiency of the evidence by the so-called hypothetically correct jury charge, one which
accurately sets out the law, is authorized by the indictment, does not unnecessarily increase the
State’s burden of proof or unnecessarily restrict the State’s theories of liability, and adequately
describes the particular offense for which the defendant is tried.” See DeLay v. State,
465 S.W.3d 232, 244 n.48 (Tex. Crim. App. 2014).
11
Under the Health and Safety Code, an individual commits the offense of
manufacturing or delivering a controlled substance if he “knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in Penalty Group 1,” which includes
methamphetamine. See Tex. Health & Safety Code §§ 481.102(6), .112(a). “‘Deliver’ means to
transfer, actually or constructively, to another a controlled substance, counterfeit substance, or
drug paraphernalia, regardless of whether there is an agency relationship. The term includes
offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.” Id.
§ 481.002(8). “‘Agent’ means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser.” Id. § 481.002(2). “[A]n actual transfer or delivery, as
commonly understood, contemplates the manual transfer of property from the transferor to the
transferee or to the transferee’s agents or to someone identified in law with the transferee.”
Heberling v. State, 834 S.W.2d 350, 354 (Tex. Crim. App. 1992) (emphasis removed).
The indictment in this case alleged that Bounds committed the offense by offering
to sell, actually transferring, or constructively transferring methamphetamine. “When a jury
returns a general guilty verdict on an indictment charging alternate methods of committing the
same offense, the verdict stands ‘if the evidence is sufficient to support a finding under any of
the theories submitted.’” Sanchez v. State, 376 S.W.3d 767, 775 (Tex. Crim. App. 2012)
(quoting Kitchens v. State, 823 S.W.2d 256, 258 (Tex. Crim. App. 1991)); see also Delacey
v. State, No. 14-16-00575-CR, 2017 WL 6559669, at *4 (Tex. App.—Houston [14th Dist.]
Dec. 21, 2017, no pet.) (mem. op., not designated for publication) (noting that it is unnecessary
to address sufficiency of evidence for second manner of committing offense if there is sufficient
evidence to support commission by first manner).
12
Sufficiency of Evidence of Offense
In his first issue, Bounds argues that there is insufficient evidence to support a
conclusion that he offered to sell, actually transferred, or constructively transferred a controlled
substance and that the evidence was insufficient to establish that the controlled substance was
methamphetamine. Concerning an actual transfer, Bounds notes that Sergeant Mount did not
testify about seeing any hand-to-hand transaction, see the person getting into the truck holding
drugs, or see the person with money after getting out of the vehicle. Bounds also highlights that
the police did not find any money on him when he was arrested and that there was no evidence
indicating that he had any drugs or paraphernalia on him or that he was intoxicated. 1 Further, he
notes that Farrington testified that he did not remember buying drugs from Bounds on April 5
and would have had more drugs if he made a purchase. Additionally, Bounds emphasizes
Farrington’s testimony that he went to the Karolyn home previously to purchase a coat and that
he emailed Bounds and Bounds’s attorneys to tell them that he did not buy anything from
Bounds on April 5. Moreover, Bounds references how Farrington testified that Bounds was
supposed to connect Farrington with the person who lived at the Karolyn home and that he did
not have a strong recollection of April 5 because he had been using drugs in the days leading up
to his driving to the Karolyn home.
Although Bounds points to the above when arguing that the evidence was
insufficient, the jury was tasked with deciding what weight to give to that evidence. See
1 In his briefing, Bounds argues that the evidence was insufficient, in part, because he
was outside the home when law enforcement arrived. Although Sergeant Mount testified that he
saw Bounds outside the home after interviewing Farrington, he also explained that Bounds was
inside the home when the search warrant was later executed. See Evans v. State, 202 S.W.3d
158, 162, 164 (Tex. Crim. App. 2006) (noting that defendant’s presence when search is
conducted is factor to consider when determining if sufficient links between defendant and
contraband in home exist).
13
Stahmann, 602 S.W.3d at 577. Additionally, there was other evidence presented that the jury
could have considered when deciding what weight to give to the evidence Bounds relies on and
determining whether he was guilty. For example, Farrington testified that he had purchased
methamphetamine from Bounds before and went to see Bounds on April 5 to purchase more
methamphetamine from him. In addition, Farrington remembered that Bounds got into the truck
on April 5, which occurred shortly before the police performed a traffic stop and found the
methamphetamine inside the truck. Concerning the emails Farrington wrote to Bounds and
Bounds’s attorney, Farrington admitted that he wrote the emails because Bounds asked him to
and testified that he had known Bounds for years. Cf. Durant v. State, 688 S.W.2d 265, 267
(Tex. App.—Fort Worth 1985, pet. ref’d) (noting that jury is free to consider witness’s
relationship to defendant when evaluating witness’s credibility).
Additionally, the police seized Bounds’s phone from his person, and Bounds
confirmed to the police that the phone belonged to him. Farrington admitted that the contact
information for him in Bounds’s phone, including his phone number, was accurate. Text
messages exchanged between Bounds’s and Farrington’s phones showed that Bounds told
Farrington to drive to the Karolyn home months before the day in question, that Bounds told
Farrington on April 4 that he had just received some “better product,” that he would sell
Farrington “a half” for $150 or a “quarter” for $120, that Bounds agreed and said he would come
by tomorrow morning (April 5) around 9:00 a.m., and that Farrington texted the next morning to
say that he was headed to Bound’s location and arrived at 8:24 a.m. See Cook v. State,
460 S.W.3d 703, 709 (Tex. App.—Eastland 2015, no pet.) (relying in sufficiency review on text
messages between defendant and another person making arrangements to purchase
“eight-balls”).
14
Around that time, Sergeant Mount observed the truck that Farrington was driving
pull up to the Karolyn home and saw a man briefly get inside the truck before the truck drove
away. See Wyatt v. State, 951 S.W.2d 144, 148-49 (Tex. App.—Houston [14th Dist.] 1997, pet.
ref’d) (overruling sufficiency challenge to conviction for delivery of controlled substance in part
because record showed that officer observed defendant’s activity). Sergeant Mount testified that
this behavior was consistent with a drug sale and that when he returned to the property later and
was able to get closer, he recognized Bounds as the man who got into the truck. See Bennett
v. State, No. 14-02-00647-CR, 2003 WL 21782524, at *3 (Tex. App.—Houston [14th Dist.]
July 31, 2003, no pet.) (mem. op., not designated for publication) (emphasizing in sufficiency
review that officer testified that his observations of defendant were consistent with “a hand-to-
hand drug transaction”).
Sergeant Mount also testified that a half ounce is approximately fourteen grams,
and Farrington testified at trial that he wanted to purchase fourteen grams or a half ounce of
methamphetamine on April 5. When the police initiated a traffic stop of Farrington shortly after
he left the Karolyn home, the police found about fourteen grams of methamphetamine in
his truck.
Although the police did not find money on Bounds when they arrested him, “it is
not necessary that appellant be found with large amounts of cash.” Moreno v. State, 195 S.W.3d
321, 326 (Tex. App.—Houston [14th Dist.] 2006, pet. ref’d). Moreover, Detective LeFan
testified that individuals can now pay for drugs through cash apps on their phones.
Furthermore, the police found mail, clothing, and prescription medications
belonging to Bounds in the shed on the property, and in that same area the police found scales
with residue on them and what appeared to be Xanax. See Tex. Health & Safety Code
15
§§ 481.002(17) (including scales within definition of paraphernalia), .183 (explaining that
determination regarding whether something is paraphernalia may consider presence of
controlled-substance residue); Jordan v. State, 139 S.W.3d 723, 726-27 (Tex. App.—Fort Worth
2004, no pet.) (determining that evidence was sufficient and noting that defendant had more than
one controlled substance); Williams v. State, 902 S.W.2d 505, 507 (Tex. App.—Houston [1st
Dist.] 1994, pet. ref’d) (explaining that presence of drug paraphernalia bears upon mental state).
Given our standard of review, the evidence summarized above, and the reasonable
inferences that can be drawn from the evidence, we conclude that the evidence was sufficient to
support a determination that Bounds committed the offense of delivering methamphetamine by
actually transferring the controlled substance. See Tex. Health & Safety Code §§ 481.102(6),
(8), .112(a); see also Cook, 460 S.W.3d at 707-08, 709-10 (overruling sufficiency issue where
text messages detailed plan to purchase drugs from defendant, defendant drove to scheduled
location, police observed individual get into defendant’s car, and police later recovered drugs
from that individual). Because we have determined that the evidence was sufficient to establish
delivery through actual transfer, we need not address whether the evidence was sufficient to
establish that Bounds constructively transferred or offered to sell the controlled substance. See
Tex. R. App. P. 47.1; Sanchez, 376 S.W.3d at 775. 2
2 In this issue, Bounds points to closing arguments made by his attorney at trial in which
his attorney asserted that if there was evidence he was trying to sell a controlled substance, the
controlled substance was Xanax, not methamphetamine. Based on this argument, he contends
that the evidence was insufficient to establish that the controlled substance was
methamphetamine. However, “the arguments of the parties are of no consequence” in
sufficiency review “because arguments are not evidence.” See Cary v. State, 507 S.W.3d 761,
766 (Tex. Crim. App. 2016). Accordingly, any reliance on argument in a sufficiency review
would be error. Id. In any event, for the reasons previously given, we conclude that the
evidence was sufficient to support a determination that Bounds delivered methamphetamine
to Farrington.
16
For these reasons, we overrule Bounds’s first issue on appeal.
Sufficiency of Evidence Corroborating Offer to Sell
In his second issue, Bounds contends that the evidence presented at trial was
insufficient to support his conviction because it failed to corroborate any offer to sell as required
by section 481.182 of the Health and Safety Code. See Tex. Health & Safety Code § 481.182.
That provision reads as follows:
For the purpose of establishing a delivery under this chapter, proof of an offer to
sell must be corroborated by:
(1) a person other than the person to whom the offer is made; or
(2) evidence other than a statement of the person to whom the offer
is made.
Id. After referring to this statute, Bounds asserts that without Farrington’s testimony and
statements to the police, the evidence is insufficient to corroborate an offer to sell by him.
This provision applies to delivery of a controlled substance through an offer to
sell. See id. §§ 481.002(8), .112. Because we have determined that the evidence was sufficient
to support Bounds’s conviction under the alternative manner of actual transfer, we need not
address whether the evidence supporting proof of an offer to sell was sufficiently corroborated.
See Tex. R. App. P. 47.1; Sanchez, 376 S.W.3d at 775.
Accordingly, we overrule Bounds’s second issue on appeal.
17
Sufficiency of Evidence Corroborating Informant
In his third issue, Bounds argues that the evidence was insufficient to support his
conviction because Farrington was an informant and because the State failed to present evidence
that would have corroborated Farrington’s testimony. As support, Bounds points to article
38.141 of the Code of Criminal Procedure, which provides, in relevant part, as follows:
(a) A defendant may not be convicted of an offense under Chapter 481, Health
and Safety Code, on the testimony of a person who is not a licensed peace officer
or a special investigator but who is acting covertly on behalf of a law enforcement
agency or under the color of law enforcement unless the testimony is corroborated
by other evidence tending to connect the defendant with the offense committed.
(b) Corroboration is not sufficient for the purposes of this article if the
corroboration only shows the commission of the offense.
Tex. Code Crim. Proc. art. 38.141; see id. arts. 2A.001 (listing who qualifies as peace officers),
.002 (listing individuals who are special investigators). After referencing the statute, Bounds
argues that Farrington’s testimony formed the basis for his conviction, that his testimony was not
sufficiently corroborated, and that, therefore, the evidence was insufficient to support
his conviction.
“In some cases, . . . a sufficiency-of-the-evidence issue turns on the meaning of
the statute under which the defendant has been prosecuted,” and “[t]hat question, like all
statutory construction questions, is a question of law, which we review de novo.” Liverman
v. State, 470 S.W.3d 831, 836 (Tex. Crim. App. 2015). “The overarching rule of statutory
construction is that we construe a statute in accordance with the plain meaning of its text unless
the text is ambiguous or the plain meaning leads to absurd results that the legislature could not
possibly have intended.” Ex parte Vela, 460 S.W.3d 610, 612 (Tex. Crim. App. 2015). “In
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ascertaining the plain meaning of a word, we read words and phrases in context and construe
them according to the rules of grammar and usage.” Lopez v. State, 253 S.W.3d 680, 685 (Tex.
Crim. App. 2008); see Tex. Gov’t Code § 311.011 (addressing common and technical usage of
words in construing statutes). Appellate courts also interpret statutes “together and harmonized,
if possible,” to give effect to all of the statutory provisions. See Ex parte Gill, 413 S.W.3d 425,
430 (Tex. Crim. App. 2013). Appellate courts “presume that every word has been used for a
purpose and that each word, phrase, clause, and sentence should be given effect if reasonably
possible.” O’Brien v. State, 544 S.W.3d 376, 384 (Tex. Crim. App. 2018). “If the plain
language is clear and unambiguous,” the “analysis ends because ‘the Legislature must be
understood to mean what it has expressed, and it is not for the courts to add or subtract from such
a statute.’” Id. (quoting Tha Dang Nguyen v. State, 359 S.W.3d 636, 642 (Tex. Crim.
App. 2012)).
Article 38.141 was enacted because informants, like accomplices, “could fall into
the class of a discredited witness with selfish interests and possibly corrupt motives.” Cantelon
v. State, 85 S.W.3d 457, 460 (Tex. App.—Austin 2002, no pet.). For article 38.141 to apply, the
testifying witness may not be a licensed peace officer or a special investigator but must be acting
covertly on behalf of or under color of law enforcement. Tex. Code Crim. Proc. art. 38.141. The
“acting covertly on behalf of” requirement indicates that the informant must have been acting in
secret for the benefit of law enforcement at the time the alleged offense occurred for which he
will be providing information. See Ex parte Vela, 460 S.W.3d at 612; see also Covert,
Merriam-Webster Dictionary, https://www.merriam-webster.com/dictionary/covert (last visited
September 9, 2026) (including synonyms for covert as secret or hidden).
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Consistent with that construction, appellate courts have determined that the statute
applies to situations in which a witness enters into an agreement with law enforcement to
perform a future act, such as a controlled purchase of a controlled substance, and is monitored by
the police during the transaction. See Taylor v. State, 328 S.W.3d 574, 575 (Tex. App.—
Eastland 2010, pet. ref’d) (describing scenario where informant agreed to buy drugs in exchange
for agreement not to be prosecuted, was fitted with recording device, and was given money to
buy drugs); King v. State, 334 S.W.3d 818, 820 (Tex. App.—Beaumont 2011, pet. ref’d)
(discussing similar situation with district attorney’s office); Simmons v. State, 205 S.W.3d 65,
68, 73 (Tex. App.—Fort Worth 2006, no pet.) (determining that article 38.141 applied when
individual was arrested, agreed to contact defendant, and agreed to “‘complete six case credits’
in order to get his case dismissed” because he was “indisputably acting covertly on behalf of
law enforcement”).
Here, in contrast, Farrington was arrested after the police discovered
methamphetamine in his truck. Farrington was not working covertly on behalf of law
enforcement at the time of the drug d