beensitting in "plain view" on a table,a .osmalldigital paraphernalia,
scale," a beaker,a revolver,and a o'babybottle with what appearedto be codeine
inside of it." see Evans, 202 s.w.3d at 162 n.12, 163_-6s (presenceof other
contraband, narcotics paraphernalia, and large amount of cash constitute
affirmative links); Hargrove v. state, 2lr s.\M.3d 379, 396 (Tex. App.-san
Antonio 2006, pet. refd) (concluding presenceof narcotics paraphernalia,
including digital scale,andweaponsin houseconstitutedaffirmativelinks).
Viewing the evidencein the light most favorableto the jury's verdict,we
concludethat sufficientaffirmativelinks connectappellantto the cocaine.And the
jury could havereasonablyinfened from the cumulativeforce of the evidencethat
appellantexercisedactualcare,custody,or controlof the cocaine.SeeEvans,202
S.W.3dat 166 (concludingevidence,'.whenviewed in combinationand its sum
total, constitutedamply suflicient evidence"). Accordingly,we hold that the
Officer Elkins sirnilarly testified that he saw appellant o'discard" a "silver automaticpistol" on the floor, saw appellant"reaching toward the lever of the toilet," "observed[appellant's]handson the lever," and heardthe toilet flushing. In a subsequentsearchof the restroom,Officer Santuario'orecover[ed]a srnallbag of what appearfed]to be crack cocaineout of the bottom of the toilet.;' And HpD officers recoveredmarijuana,codeine,and "anotherpistol" in the residence.
l5 evidenceis sufficientto supportappellant'sconvictionof the offenseof possession
of a controlledsubstance.
We overruleappellant,sfirst issue.
DeadlyWeaponF'inding
In his secondissue,appellantarguesthat the trial court erredin "enteringa
deadlyweaponfinding in the judgmentfor possession of a controlledsubstance,'
becauseo'there[was] no expressfinding by the jury that [he] usedor exhibiteda
deadlyweapon,namelya firearm.,'
When a jury is the factfinder,it must makean affirmativefinding concerning
the use or exhibition of a deadlyweaponbeforethe trial court can enter a deadly
weaponfinding in its . state,106s.w.3d gl, g2 (Tex.crim.
App. 2003). 'oAffirmativefinding" meansan ooexpress determination"by the jury
that a deadlyweaponwas actuallyusedor exhibitedduringthe commissionof the
offense.Polkv. state,693s.w.2d391,393 (Tex.crim. App. 19g5). Thejury
makesthe requiredaffirmativefinding when: (1) the indictmentallegesthe useor
exhibition of a deadly weapon and the jury's verdict statesthat it found the
defendant"guilty as chargedin the indictment"; (2) the jury finds the defendant
guilty as allegedin the indictmentand,althoughthe useof a deadlyweaponis not
specificallypleaded,the indictmentallegesthe use or exhibitionof a weaponthat
is deadlyper se; or (3) thejury affirmativelyanswersa specialissueon the useor
I6 exhibitionof a deadly weapon. polk, 693 s.w.Zd, at 396; Johnsony. state. 6
s.w.3d 709,713-14(Tex.App.-Houstonflst Dist.] tggg,pet.refd).
Here,the indictmentspecificallyallegedthe use or exhibitionof a ,odeadly
weapon"by appellant.5Officers Santuarioand Elkins testifiedthat appellant,.was
arm€d" and threw a "small silver gun" onto the restroomfloor beforehe began
flushing the toilet. And the jury, in its verdict, found appellant,.guilty of
possessionof a controlled substance,namely, cocaine,. . . as chargedin the
indictment."Further,the trial court'schargeto thejury includeda questionasking
the jury to determinewhetherappellantusedor exhibiteda deadlyweaponduring
the commissionof the offenseor during the immediateflight therefrom,and the
jury answeredthe questionin the affinnative. See Polk, 693 S.W.2dat 394:
Johnson,6 S.W.3dat 7 13-14.
Once the jury madethe affirmative finding, the trial court was requiredto
enterthe finding in its judgment. SeeTBx. ConE CRrM.Pnoc. Ar.rN.arts. 42.01,
$ 1(21),42.12,g 3g(a)(2)(vernonSupp.2M0; Johnson,6s.w.3d at7r4 (when
jury makesaffrrmative finding on useof deadlyweapon,o'enteringthe affirmative
finding in the judgment is mandatory;the trial court has no discretion").
The indictmentstates: "[A]t the time that the Defendantcommittedthe felony offenseof PoSSESSIONoF CONTROLLEDSUBSTANCEon or about AUGUST9,2013,ashereinabove alleged,heusedandexhibiteda deadlyweapon namely,a FIREARM, duringthe commissionof said offenseand durine the immediateflight from saidoffense."
I7 Accordingly,we hold thatthetrial courtdid not err in enteringthedeadlyweaipon
findingin itsjudgment.