Lozano v. State

OPINION

THOMAS, Justice.

A jury convicted Appellant of delivering marihuana for remuneration and sentenced him to six years in prison. This appeal presents two questions. First, does jeopardy bar the State from prosecuting Appellant for delivery? Second, is the evidence sufficient to support Appellant’s conviction, where the marihuana was not introduced as an exhibit (it had been destroyed before trial under a court order) and the charge instructed the jury not to convict Appellant unless it found “the exhibits introduced in evidence by the State are marihuana”? We affirm.

Following his arrest…