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Court of Criminal Appeals of Texas


Ex Parte Perales, 75,574

A petition for writ of habeas corpus from a conviction for delivery of cocaine, by actual transfer to petitioner's unborn child, is granted where the record was devoid of evidentiary support for the conviction because an actual transfer delivery from a mother to her unborn child is not possible, and thus, as a matter of law, delivery by actual transfer as alleged did not occur.

Appellate Information

  • Decided 02/14/2007
  • Published 02/14/2007

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  • Court of Criminal Appeals of Texas

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