McCarty v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of aggravated possession of amphetamine, a controlled substance. Tex.Rev.Civ.Stat.Ann. art. 4476-15, §§ 4.041(a) and (c), and 4.02(d)(1)(A), see now Tex.Health & Safety Code Ann. §§ 481.116(a) and (c) and 481.-103(a)(3). The jury sentenced appellant to seven years in prison, probated, and a suspended $5,000 fine.

On direct appeal, the Court of Appeals found the evidence insufficient, reversed appellant’s conviction and entered an order of acquittal. McCarty v. State, 788 S.W.2d 213 (Tex.App.—Fort Worth, 1990). We…