Frank v. State

OPINION

JANE BLAND, Justice.

Appellant Edmond Frank pleaded not guilty to constructive delivery of a controlled substance, cocaine, in an amount less than one gram. See Tex. Health Safety Code Ann. 481.112 (Vernon 2003). The jury found Frank guilty, and the trial court sentenced him to two years’ confinement. In three issues, Frank challenges the legal and factual sufficiency of the evidence supporting a constructive delivery and contends that the trial court incorrectly charged the jury on constructive transfer. We reverse and render a judgment of acquittal.

Background

On July 31, 2006, Texas…