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MONCIVALLES v. STATE

No. 04-86-00437-CR.

733 S.W.2d 601 (1987)

Arturo M. MONCIVALLES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

May 29, 1987.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Fred G. Rodriguez, Al Hernandez, Tina Tussay, Ilse D. Bailey-Graham, Criminal Dist. Attys., San Antonio, for appellee.

Before ESQUIVEL, BUTTS and CHAPA, JJ.

OPINION

BUTTS, Justice.

Appeal is from conviction for constructive delivery of heroin. Punishment, which was enhanced, was assessed at 50 years' imprisonment.

Appellant first assails the sufficiency of the evidence to prove delivery by constructive transfer. The indictment contains two paragraphs, the first charging appellant with actual delivery, and the second with constructive delivery. The State elected to proceed to trial on the constructive...

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