Smith v. State

OPINION

BILL VANCE, Justice.

Stephen Smith was convicted by a jury of tampering with equipment manufactured and used to hold anhydrous ammonia. Tex. Health & Safety Code AnN. § 504.002 (Vernon 2003). Stephen was tried jointly with his brother, Cody Smith. 1 Stephen was subject to punishment for the offense under section 7.02 of the Penal Code. Tex. Pen.Code Ann. § 7.02 (Vernon 2003). He was sentenced to seven years’ confinement. He appeals on two issues: (1) the evidence was insufficient to prove anyone tampered with anhydrous ammonia equipment; and (2) the trial court erred in failing to grant…