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MALONE v. STATE

No. PD-1647-06.

253 S.W.3d 253 (2008)

James MALONE, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 7, 2008.

Attorney(s) appearing for the Case

Crespin Michael Linton, Houston, for Appellant.

Lisa McMinn, Asst. State's Attorney, Jeffrey L. Van Horn, State's Attorney, Austin, for the State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

The court of appeals held that the corroborating, non-covert agent evidence at James Malone's trial did not sufficiently "tend to connect" Malone to the offense of possession of a controlled substance with intent to deliver under the rule governing testimony from a covert agent, Article 38.141 of the Texas Code of Criminal Procedure.1 We hold that the corroborating...

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