Torres v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for the offense of delivery of marijuana of (200) pounds or less but more than 50 pounds. Art. 4476-15, § 4.05(c) of the Texas Controlled Substances Act, TEX.REV. CIV.STAT.ANN. (Vernon Supp.1982). Appellant Nerio M. Torres was indicted for knowingly and intentionally delivering “by actual transfer and constructive transfer to Johnny L. Whitley a quantity of marijuana of more than fifty (50) pounds but less than two hundred (200) pounds.” Appellant entered a plea of “not guilty.” A jury found appellant guilty and assessed punishment…