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BOYER v. STATE

No. 1446-89.

801 S.W.2d 897 (1991)

Mark Wren BOYER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 16, 1991.

Attorney(s) appearing for the Case

Robert G. Estrada, on appeal only, Wichita Falls, for appellant.

Barry L. Macha, Dist. Atty., John W. Brasher, Asst. Dist. Atty., Wichita Falls, 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 was convicted by a jury of delivery of amphetamine, less than twentyeight grams. The trial court, finding two enhancement paragraphs to be true, sentenced the appellant to twenty-five years in prison. The Court of Appeals, in an unpublished opinion, held that there was insufficient evidence to sustain the conviction of delivery, by actual transfer, under the law of...

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