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 held that subsection (c) of Tex. Health & Safety Code § 481.134, not subsection (b), provides the correct jury charge for the drug‑free‑zone enhancement applicable to the appellant's § 481.112(c) offenses, and that the State presented legally sufficient evidence to sustain the enhancement. Accordingly, it reversed the Court of Appeals and remanded for further consideration of the factual sufficiency claim. Justice Johnson filed a concurring opinion agreeing with the judgment but arguing that Malik should not be extended to the punishment phase.