Valladares v. State

The question in this case is not whether a delivery had occurred, but whether the evidence supported a delivery by actual transfer. Under the Controlled Substance Act, delivery of a controlled substance is accomplished in three distinct ways: actual transfer, constructive transfer, and offer to sell. See Ferguson v. State, 622 S.W.2d 846, 848 (Tex.Crim.App. [Panel Op.] 1980); Conaway v. State, 738 S.W.2d 692, 694 (Tex.Crim.App.1987); see also Tex.Rev.Civ.Stat. Ann. Art. 4476-15, § 1.02(8)1. The Court of Criminal Appeals has ruled that these are mutually exclusive ways in which delivery of a…