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STEPHENS v. STATE

No. 06-08-00022-CR.

269 S.W.3d 178 (2008)

Raelun Cornell STEPHENS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided October 16, 2008.

Attorney(s) appearing for the Case

Pamala J. Worthington, Gary, for appellant.

Danny Buck Davidson, Dist. Atty., Carthage, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice MOSELEY.

This case presents the exact problem forecast nearly a decade ago by our brother jurist when he opined that the guidelines distinguishing actual delivery of narcotics from constructive delivery of narcotics had become so muddled that prosecuting attorneys who are preparing an indictment would be left with no discernible guidelines to follow. Warren v. State,

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