Sims v. State

117 S.W.3d 267 (2003)

Michael SIMS, Appellant,

v.

The STATE of Texas.

No. 1313-02.

Court of Criminal Appeals of Texas.

October 8, 2003.

Michael B. Roberts, Waco, for Appellant.

Jeffrey L. Van Horn, First Asst. St. Atty., Matthew Paul, State's Attorney, Austin, for State.

OPINION

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…