Seals v. State

COCHRAN, J.,

dissenting, in which JOHNSON and HOLCOMB, JJ., joined

I respectfully dissent. I think that the court of appeals got it exactly right.1 “Common sense often makes good law.”2 The evidence in this case showed that the blood-methamphetamine mixture in the vial found by appellant’s bed is “waste” product. It is not a mixture in which adulterants or dilutants have increased the bulk of the controlled substance.

I think that the “plain language” of the statute is clear: only those adulterants and dilutants which increase the bulk of the controlled substance before their distribution, sale,…