NUMBER 13-17-00491-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JONATHAN DAVID LEWIS, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 130th District Court of Matagorda County, Texas. MEMORANDUM OPINION Before Justices Contreras, Longoria, and Hinojosa Memorandum Opinion by Justice Hinojosa Appellant Jonathan David Lewis appeals his conviction for possession of child pornography, a third-degree felony. See TEX. PENAL CODE ANN. § 43.26 (West, Westlaw through 2017 1st C.S.). A jury found appellant guilty, and the trial court assessed punishment of eight years’ imprisonment in the Texas Department of Criminal Justice– Institutional Division and a $10,000 fine. By two issues, which we have reordered, appellant argues that: (1) the evidence supporting his conviction is legally insufficient; and (2) the trial court erred in denying appellant’s motion to suppress evidence obtained pursuant to a search warrant. We affirm. I. BACKGROUND A. Suppression Hearing 1. Testimony Appellant filed a motion to suppress evidence obtained pursuant to a search warrant, arguing that the supporting affidavit did not establish probable cause. Lee Erickson, a special agent with the Department of Homeland Security, testified at the suppression hearing. Agent Erickson is assigned to child exploitation investigations and his agency is affiliated with the Houston Metropolitan Internet Crimes Against Children (HMICAC) task force. Using specialized software, Agent Erickson monitors files being shared by individuals using peer-to-peer (PTP) networks. PTP networks connect computers using the same PTP software and allow the computers to share files, pictures, videos, games, and programs. 2. Search Warrant Affidavit The trial court admitted Agent Erickson’s search warrant affidavit into evidence. According to the affidavit, PTP networks are “one of the most pervasive distribution methods of child pornography[.]” An individual user receives files on a PTP network through an Internet Protocol (IP) address. An IP address is a unique identifier for a computer accessing the internet. Using a file’s “hash” digital signature, Agent Erickson is able to identify known child pornography files, which are tracked by the National Center 2 for Missing and Exploited Children (NCMEC). While conducting a PTP child pornography inquiry, Agent Erickson identified an IP address sharing at least three known child pornography files. The title for these files contained common child pornography search terms or “tags.” Through an administrative subpoena, Agent Erickson obtained subscriber information from the internet service provider controlling the IP address. The provider identified the IP address as being assigned to an address in Bay City, Texas, where appellant resided. Agent Erickson shared the IP address with Jonathan Cox, an officer with the Pearland Police Department. Using this information, Officer Cox identified four child pornography videos in the PTP share folder by referencing the files’ hash signature. Officer Cox provided Agent Erickson with a compact disc containing the video files. Agent Erickson viewed the videos and determined that they depicted minors engaging in sexual conduct. Next, Agent Erickson visually inspected appellant’s residence. He noted multiple secured wireless network systems in the front and rear of the home. He discovered a ...
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