Pena v. State

OPINION

UTTER, Justice.

A jury found Jesus Garcia Pena, appellant, guilty of delivery of marihuana and assessed punishment at twenty years’ confinement and a $10,000.00 fine. We affirm the judgment of the trial court.

By his first through eighth points of error, appellant contends the evidence is insufficient to sustain his conviction because it fails to show that he either constructively delivered or offered to sell marihuana to Joe Howell as alleged in the indictment. Appellant argues that although the evidence supports a theory of actual delivery, it does not support a theory of either…