Stewart, Jr., Virgil Raymond ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0787-06

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VIRGIL RAYMOND STEWART, JR., Appellant

v.

THE STATE OF TEXAS

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ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS HARRIS COUNTY

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Per curiam.

O P I N I O N  

Appellant was convicted of possession of methamphetamine and sentenced to thirty-five years imprisonment. The Court of Appeals reversed, finding the evidence factually insufficient to affirmatively link Appellant to the methamphetamine. Stewart v. State, 187 S.W.3d 249 (Tex. App.- El Paso, 2006). The State petitioned this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit of this Court's recent opinion in Watson v. State. ___ S.W.3d ___, 2006 Tex. Crim. App. LEXIS 2040 (Tex. Crim. App. October 18, 2006). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of Watson, if any, on its reasoning and analysis in this case.

En banc

Delivered: December 13, 2006

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