SIMS v. STATE

No. 1313-02.

117 S.W.3d 267 (2003)

Michael SIMS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 8, 2003.


Attorney(s) appearing for the Case

Michael B. Roberts, Waco, for Appellant.

Jeffrey L. Van Horn, First Asst. St. Atty., Matthew Paul, State's Attorney, Austin, for State.


OPINION

KELLER, P.J., delivered the opinion of the Court in which MEYERS, KEASLER, HERVEY, HOLCOMB, and COCHRAN, J.J., joined.

The question presented by this case is whether the transfer of drugs was "actual" or "constructive." We hold that sometimes both types of transfers can occur in the same transaction and that this is one of those times.

I. BACKGROUND

Mike Turner, an undercover law enforcement agent, met appellant at an outdoor...

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