Boyer v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant was convicted by a jury of delivery of amphetamine, less than twenty-eight grams. The trial court, finding two enhancement paragraphs to be true, sentenced the appellant to twenty-five years in prison. The Court of Appeals, in an unpublished opinion, held that there was insufficient evidence to sustain the conviction of delivery, by actual transfer, under the law of parties and entered a judgment of acquittal. Boyer v. State, No. 2-88-088-CR (Fort Worth, August 31, 1989). We reverse.

The transfer of the…