Moncivalles v. State

OPINION

BUTTS, Justice.

Appeal is from conviction for constructive delivery of heroin. Punishment, which was enhanced, was assessed at 50 years’ imprisonment.

Appellant first assails the sufficiency of the evidence to prove delivery by constructive transfer. The indictment contains two paragraphs, the first charging appellant with actual delivery, and the second with constructive delivery. The State elected to proceed to trial on the constructive delivery allegation, which was, in pertinent part, that appellant did on February 13, 1985:

then and there knowingly and intentionally deliver to MARIO…