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ROBINSON v. STATE

Nos. 3-90-046-CR, 3-90-047-CR and 3-90-048-CR.

815 S.W.2d 361 (1991)

Michael Anthony ROBINSON, Tracy Lemoyne Kelly, Errol Everard Young, Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 2, 1991.

Attorney(s) appearing for the Case

Kyle B. Collins, Austin, George T. Dunn, Lockhart, for appellants.

Jeffrey L. Van Horn, Crim. Dist. Atty., Lockhart, for appellee.

Before CARROLL, C.J., and JONES and SMITH, JJ.

JONES, Justice.

These appeals present a question of first impression in Texas: does a purchaser of a controlled substance become, by virtue of the law of parties, criminally responsible for the seller's delivery? A jury convicted appellants of delivery of marihuana in an amount greater than five pounds but less than fifty pounds. See Tex.Health & Safety Code Ann. § 481.120(a) & (b)(5) (Pamph. 1991). The trial court assessed punishment for each...

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