Nevarez v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant, Jose Luis Nevarez, was convicted by a jury of the offense of delivery of a controlled substance. The jury assessed punishment at thirty years’ confinement. The El Paso Court of Appeals reversed the conviction in an unpublished opinion finding that the State failed to prove that appellant had “actually transferred]” a controlled substance as alleged in the indictment. (Nevarez v. State, No. 08-85-00062-CR, February 26, 1986, Tex.App.-El Paso.) The appellate court ordered that an acquittal be entered. We…