Barry O’neal Willis, Appellant v. the State of Texas, Appellee

Summary

The Court held that Texas Penal Code §31.03(c)(3) creates a permissive presumption that is constitutional because it is incorporated by §2.05, and therefore affirmed the Court of Appeals on that issue. It reversed the Court of Appeals on the requirement to give a good‑faith purchase instruction, finding no statutory defense exists, and remanded for further determination of whether the requested instruction was sufficient to require a charge.