Sims v. State

OPINION

in which MEYERS, KEASLER, HERVEY, HOLCOMB, and COCHRAN, J.J.,

joined.

The question presented by this case is whether the transfer of drugs was “actual” or “constructive.” We hold that sometimes both types of transfers can occur in the same transaction and that this is one of those times.

I. BACKGROUND

Mike Turner, an undercover law enforcement agent, met appellant at an outdoor site to buy crack cocaine. When Turner asked “where it was at,” appellant pointed to a foil-wrapped package lying in the road near a tree and said “it’s right there in that piece of foil.” Turner retrieved the…