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eBook details

• Title: Mark Wren Boyer v. State Texas
• Author : Court of Criminal Appeals of Texas No. 1446-89
• Release Date : January 16, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Opinion ON STATE'S PETITION FOR DISCRETIONARY REVIEW Appellant was convicted by a jury of delivery of amphetamine, less than twenty-eight grams. The trial court, finding two enhancement paragraphs to be true, sentenced the appellant to twenty-five years in prison. The Court of Appeals, in an unpublished opinion, held that there was insufficient evidence to sustain the conviction of delivery, by actual transfer, under the law of parties and entered a judgment of acquittal. Boyer v. State, No. 2-88-088-CR (Fort Worth, August 31, 1989). We reverse. The transfer of the amphetamine occurred in a parked car. James Brumley, an undercover Department of Public Safety Narcotics Investigator, and his informant sat in the front seat. The appellant sat in the back. Appellant ordered the informant to hand Brumley the drugs. After the transfer was made, Brumley tried to give appellant one hundred dollars. Appellant refused the money and told Brumley to give it to the informant. Brumley did, and appellant was later convicted.

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