Court of Criminal Appeals of Texas
Dematric D. Young, Appellant v. the State of Texas
March 22, 20002000 Tex. Crim. App. LEXIS 35
Summary
The Court of Criminal Appeals reversed the Court of Appeals and remanded for further proceedings, holding that the State presented legally sufficient evidence to support the drug‑free zone enhancement under Texas Health & Safety Code § 481.134(c). The Court determined that subsection (c) provides the correct hypothetically‑correct jury charge for the enhancement, and that the jury could reasonably find the offense occurred within 1,000 feet of a school. A concurring opinion agreed with the judgment but argued the majority unnecessarily extended Malik to the punishment phase.