Davila v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appellant was convicted by a jury of delivery of heroin by constructive transfer. The jury assessed punishment at eight years confinement. The Amarillo Court of Appeals reversed the conviction in an unpublished opinion. We granted the State’s petition for discretionary review in order to review the Court of Appeals’ holding that the evidence fails to show a “constructive” transfer of the heroin within the meaning of the Controlled Substances Act, Tex.Rev. Civ.Stat.Ann. Art. 4476-15, Sec. 1.02(8), which provides in…