White v. Texas (original by judge yeary)Annotate this Case
Appellant William White was convicted for delivery of less than a gram of methamphetamine in a drug free zone, a third degree felony. His punishment was enhanced with a prior felony to a second degree felony, and the trial court assessed his sentence at fifteen years’ confinement in the penitentiary. On appeal, he argued the evidence was insufficient to support his conviction because it failed to establish that he knew he was in a drug free zone when he sold the methamphetamine. The court of appeals rejected this contention, holding that the statute did not require proof that a defendant had such an awareness. The Court of Criminal Appeals granted Appellant’s petition for discretionary review in order to examine this construction of the statutes in question, and finding no reversible error in the court of appeals’ judgment, affirmed.