Biggers v. Texas (original by judge mcclure iii)
Annotate this CaseA confidential informant employed by a police agency arranged to purchase methamphetamine from Appellant Darren Biggers. When Appellant arrived in his vehicle at the arranged place and time, officers detained him for a narcotics investigation. The investigating officer saw a Sprite bottle and a white Styrofoam cup, both filled with “a purple-type substance.” Appellant admitted that it was “lean” (a term for codeine cough syrup mixed in a beverage). The substance field-tested positive for codeine, and officers arrested Appellant for possession of a controlled substance. The State charged Applicant with possession of a Penalty Group 4 controlled substance (codeine) in an amount over 400 grams. During the State’s case-in-chief, the State proffered testimony from a chemist regarding the contents of the Sprite bottle and a Styrofoam cup. The chemist explained that she was not asked to quantify the amount of codeine and promethazine in the Sprite bottle or the Styrofoam cup, and she did not know the concentration level of codeine in either sample. The chemist testified that promethazine was a nonnarcotic active medicinal ingredient, but she never testified as to “whether the combination of promethazine and codeine had valuable medicinal qualities other than those possessed by the codeine alone.” On appeal, Appellant argued that, at best, the State only established the mere presence of promethazine, and that by failing to prove the level of concentration of codeine in the substances possessed by Appellant, as required by the statute, the State failed to establish an essential element of the offense. The court of appeals agreed, finding the evidence was insufficient to establish that (1) the concentration level of the codeine was not more than 200 milligrams of codeine per 100 milliliters, and (2) the presence of promethazine was in a sufficient proportion to convey on the mixture valuable medicinal qualities other than those possessed by the codeine alone. The Texas Court of Criminal Appeals concurred the evidence was insufficient to prove that Appellant possessed Penalty Group 4 codeine, but was not negated beyond a reasonable doubt as required for Penalty Group 1 codeine, therefore the Court held Appellant did not possess Penalty Group 1 codeine. The Court agreed with the court of appeals that Appellant was entitled to an acquittal.
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