Sims, Michael

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1313-02

MICHAEL SIMS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

NAVARRO COUNTY

JOHNSON, J., filed a dissenting opinion in which PRICE, J., joined. WOMACK, J. concurred in the result.

O P I N I O N

The question presented by this case is whether the transfer of drugs was "actual" or "constructive." We hold that sometimes both types of transfers can occur in the same transaction and that this is one of those times.

I. BACKGROUND

Mike Turner, an undercover law enforcement agent, met appellant…