Santiago Alberto Heberling, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed Heberling's conviction for delivery of cocaine, holding that the term "actual transfer" includes transfers to an agent of the transferee and that the jury charge requiring a finding that the exhibit was cocaine was not surplusage because the jury could reasonably infer the exhibit had been introduced. The Court found sufficient evidence of agency and of the exhibit's presence to support the conviction.