Starkey v. State

OPINION

UTTER, Justice.

At a trial without a jury, appellant was convicted for two separate offenses of unlawful delivery of methamphetamine. Punishment, enhanced by a prior felony conviction, was assessed at fifteen years for each offense, to be served concurrently. The facts constituting the delivery and sale were not in issue.

Narcotics Agent Bywaters, who was working in his “undercover capacity,” testified that the first offense occurred on December 17,1979, when appellant telephoned him in order to offer methamphetamine for sale. A rendezvous was arranged at which appellant arrived in an…