Thomas v. State

OPINION

ONION, Justice (Retired).

This is an appeal from a conviction for delivery of a controlled substance, namely, cocaine. After finding the appellant guilty, the jury found the enhancement allegations as to one prior felony conviction to be “true”, and assessed punishment at forty (40) years imprisonment.

Appellant advances seven points of error. Initially, appellant contends that the “conviction herein must be set aside and a judgment of acquittal entered because the evidence makes it clear that no controlled substance was ever transferred, either actually or constructively, to I.E.…