Miguel Aguilar, Jr. v. State ( 2017 )

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As of: September 27. 2017 1:36 AM Z
Weinn v. State
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Court of Criminal Appeals of Texas -t-c.:
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June 30, 2010, Delivered
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NO. PD-0338-09 IE
CO
Reporter CO
326 S.W.3d 189 *; 2010 Tex. Grim. App. LEXIS 793 "
grams, but at least 200 grams. He was sentenced to 30
CORBETT K. WEINN, Appellant v. THE STATE OF years in prison for each offense, with the sentences to
TEXAS
run concurrently. The court of appeals vacated the
manufacturing conviction and upheld the possession
Notice; PUBLISH
conviction. On review, the court found that the Texas
Legislature intended that manufacture and simultaneous
Subsequent History: Motion for rehearing on petition
possession with intent to deliver of the same single
for discretionary review denied by In re Weinn. 2010
quantity of a controlled substance constitute a single
Tex. Chm. Aoo. LEXIS 1062 (Tex. Crim. Add.. Sept. 15.
offense. Punishing defendant twice for the same offense
2010)
violated his constitutional rights against double
Prior History: ri]ON STATE'S PETITION FOR jeopardy. The Legislature intended that Tex. Heallh &
Safely Code Ann. 5 481.112 establish alternative means
DISCRETIONARY REVIEW FROM THE SEVENTH
COURT OF APPEALS, LUBBOCK COUNTY. of punishing an offense in the continuum of drug
distribution. A single act, simultaneous manufacture and
resulting possession with intent to deliver, with respect
Weinn v. State. 281 S.W.3d 633. 2009 Tex. Add. LEXIS to a single quantity of methamphetamine constituted a
1015 (Tex. Add. Amarilio. 2009)
single violation of 6 481.112.
Outcome
Core Terms The court affirmed the judgment of the court of appeals.
manufacture, deliver, methamphetamine, offenses,
quantity, controlled substance, punished, double- LexisNexis® Headnotes
jeopardy, possessing, convictions, grams, simultaneous,
continuum, drugs, legislative intent, same offense.
Jeopardy, delivery, multiple punishment, double
Criminal Law & Procedure >... > Controlled
jeopardy, requires proof, plurality, appeals, batches
Substances > Manufacture > General Overview
Case Summary Criminal Law &
Procedure >... > Possession > Intent to
Distribute > General Overview
Procedurai Posture
The State of Texas sought review of an order from the
HN1\^] Controlled Substances, Manufacture
Seventh Court of Appeals, Lubbock County (Texas),
which vacated defendant's conviction for manufacture of
methamphetamine.
The Texas Legislature intends that manufacture and
Overview
simultaneous possession with Intent to deliver of the
same single quantity of a controlled substance
Defendant pled nolo contendere to possession with constitute a single offense.
intent to deliver and guilty to manufacture of
methamphetamine, both in an amount less than 400
Robert Rodery