The Texas Court of Appeals recently upheld the conviction of Diovanni Skygusty Cisneros for possession of psilocin, a controlled substance. The court's decision, issued on October 8, 2026, confirms the jury's finding of guilt and the subsequent 15-year prison sentence. This ruling impacts not only Cisneros but also sets a precedent for similar cases involving possession of controlled substances.
Cisneros was found guilty of knowingly possessing psilocin, specifically in a chocolate bar that contained the substance. The case arose from an incident where Cisneros was involved in a single-vehicle crash in Harrison County, Texas. The court's decision is significant as it reinforces the legal standards surrounding the possession of controlled substances and the evidence required to establish guilt.
Background
The case began when Diovanni Skygusty Cisneros was involved in a car crash on May 8, 2025. After the incident, law enforcement discovered a chocolate bar containing psilocin in his abandoned vehicle. The State of Texas charged Cisneros with possession of a controlled substance, specifically psilocin, in an amount of four grams or more but less than 400 grams, which is classified as a second-degree felony under Texas law.
During the trial, the jury heard evidence from Texas Department of Public Safety Trooper Seth Grant, who testified about the crash and the subsequent discovery of the chocolate bar. The prosecution argued that the evidence demonstrated Cisneros' knowledge of the substance in the vehicle, while Cisneros maintained that he did not knowingly possess the psilocin. Following the trial, the jury found him guilty, leading to his appeal.
The Ruling
The Texas Court of Appeals, consisting of Chief Justice Stevens and Justices van Cleef and Rambin, issued a memorandum opinion affirming the trial court's judgment. Justice van Cleef wrote the opinion, stating, "We find that legally sufficient evidence supported the jury’s finding that Cisneros knowingly possessed psilocin." The court reviewed the evidence presented at trial, including testimony about the chocolate bar's packaging, which clearly indicated it contained psychedelic mushrooms.
In its analysis, the court considered various factors that could establish Cisneros' knowledge of the substance, such as his nervous behavior during police questioning and the fact that the vehicle was registered in his name. The court concluded that the cumulative evidence was sufficient for a rational jury to find Cisneros guilty beyond a reasonable doubt.
Impact
This ruling has implications for future cases involving possession of controlled substances in Texas. It reinforces the idea that circumstantial evidence can be sufficient to establish guilt, particularly in cases where the defendant's behavior and the circumstances surrounding the discovery of the substance suggest knowledge and intent. The court's decision may serve as a precedent for similar cases, emphasizing the importance of the jury's role in evaluating evidence and credibility.
Furthermore, the ruling highlights the legal standards for possession, particularly the requirement that the accused must have actual care, custody, control, or management of the controlled substance. The court's affirmation of the trial court's judgment also indicates that trial judges are expected to consider the full range of punishment when sentencing, even in cases with prior convictions.
What's Next
Cisneros' conviction can potentially be appealed to the Texas Court of Criminal Appeals, the highest court for criminal cases in Texas. However, the court's ruling provides a strong basis for the conviction, making further appeals challenging. Details about any related cases or pending appeals were not available in the court filing.








