Upchurch v. State

OPINION

MURRY B. COHEN, Justice.

The jury found appellant guilty of possession with intent to deliver between 4 and 20 grams of methamphetamine, and after he pled true to the enhancement paragraph, it assessed punishment at 30 years in prison. We reverse and remand for a new trial.

Facts

In the early hours of December 29, 1998, Houston police officers arrested Max Webb, who told them appellant may have drugs in his car. Surveillance began shortly thereafter on appellant’s residence and car. Within 15 minutes, appellant approached, opened the trunk and looked in, closed the trunk, then drove off…