Jenkins v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted by a jury of delivery of a simulated controlled substance and sentenced to forty years confinement in the Texas Department of Criminal Justice, Institutional Division. His conviction was affirmed on appeal. Jenkins v. State, 788 S.W.2d 677 (Tex.App.—Texarkana 1990). Appellant brought a petition for discretionary review to this Court. We granted appellant’s petition to determine whether the evidence was sufficient to show that he expressly represented the substance which he delivered to an undercover…