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NEVAREZ v. STATE

No. 417-86.

767 S.W.2d 766 (1989)

Jose Luis NEVAREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 1, 1989.

Attorney(s) appearing for the Case

Michael J. Hutson, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Robert Dinsmoor, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant, Jose Luis Nevarez, was convicted by a jury of the offense of delivery of a controlled substance. The jury assessed punishment at thirty years' confinement. The El Paso Court of Appeals reversed the conviction in an unpublished opinion finding that the State failed to prove that appellant had "actually transfer[red]" a controlled substance as alleged in the indictment...

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