Cerda v. State

Robert H. Dudley, Justice.

Appellant was convicted of possession of a controlled substance with intent to deliver and was sentenced to life in prison and a $250,000.00 fine. We reverse and dismiss because there was insufficient evidence to support the verdict.

The facts presented the jury are straightforward and simple. Appellant and Dagoberto Fernandez were traveling east on Interstate 30 near Hope when they were stopped by a State Policeman for speeding. Fernandez was driving, and appellant was a passenger. Appellant may have been asleep in the back seat, but the arresting officer was not…