Jenkins v. State

GRANT, Justice.

Carl Jenkins appeals from a conviction in a jury trial for the delivery of a simulated controlled substance. Jenkins’ punishment was assessed at forty years’ confinement in the penitentiary.

Jenkins contends that the evidence is insufficient to show that he ever expressly represented the substance to be cocaine and that the evidence is insufficient because the record fails to show that he knew that the substance being delivered was not a controlled substance.

On May 29, 1988, Officers Steven Howard and Margaret Zoch, along with ten other officers of the Houston Police Department,…