Garrett v. State
By Third District, at Austin Texas Court of Appeals
- Release Date: 2005-03-03
- Genre: Law
Description
Appellant Leslie Joe Garrett appeals from his conviction by a jury for the offense of possession of a controlled substance with intent to deliver. See Tex. Health & Safety Code Ann. § 481.112 (Vernon 2003). In four points, he argues that (1) the trial court erred in proceeding with a defective charging instrument, (2) the evidence is legally insufficient to support his conviction for possession with intent to deliver a controlled substance, (3) the evidence is factually insufficient to support his conviction for possession with intent to deliver a controlled substance, and (4) the trial court improperly admitted punishment evidence. Because we hold that the evidence is legally insufficient to prove intent to deliver, we reform the judgment to reflect conviction of the lesser-included offense of possession and affirm the judgment of guilt as reformed. We reverse the judgment as to punishment and remand the case for a new hearing on punishment.
