Jacinto Santos v. The State of Texas Appeal from 140th District Court of Lubbock County (memorandum opinion by chief justice quinn)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-14-00116-CR JACINTO SANTOS, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2012-436,322, Honorable Jim Bob Darnell, Presiding November 10, 2014 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Jacinto Santos appeals his conviction of possession of a controlled substance (cocaine) with intent to deliver in an amount of at least 4 grams but not more than 200 grams in a drug free zone. There was also a deadly weapon finding. Appellant was sentenced to 70 years confinement. He argues on appeal that 1) the trial court erred in admitting hearsay statements, 2) there was insufficient evidence to support the deadly weapon finding, and 3) there was insufficient evidence to prove that he possessed a portion of the cocaine for which he was prosecuted.1 We reverse the judgment. We need only address the first point for it is dispositive of the appeal. The State conceded that the trial court erred in admitting the hearsay evidence in question. It also conceded that the error was harmful. Thus, appellant is entitled to a new trial. Furthermore, if we were to sustain the other two issues he raised, appellant would not be entitled to any relief greater than a new trial. That is, neither would permit entry of an acquittal. Accordingly, the judgment is reversed, and the case is remanded to the trial court. Brian Quinn Chief Justice Do not publish. 1 If the quantum of drugs encompassed within the last issue (approximately 38 grams) were excluded from the total for which he was prosecuted (approximately 72 grams), there would still remain a sum between the range alleged in the indictment. 2
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