Canales v. State

OPINION

GREEN, Commissioner.

This appeal arises out of a conviction for sale of a dangerous drug, barbituric acid derivative. The jury assessed punishment at five (5) years.

Initially, the appellant, in three grounds of error, challenges the sufficiency of the evidence and complains that there was no evidence of a sale and that a variance existed between the indictment and the evidence presented.

The State called only two witnesses, the principal witness being Hector Sanchez, an undercover officer for the Department of Public Safety. Officer Sanchez testified that on the afternoon of January 12,…