Court of Criminal Appeals of Texas

In circumstances in which a police officer returned a "bud" of marijuana to an individual who was intended to be, but did not end up becoming, a confidential police informant, police officer's conviction for tampering with physical evidence is reversed as the evidence was legally insufficient to show that defendant had the conscious objective or desire to impair the availability of the marijuana as evidence.

Appellate Information

• Decided 10/31/2007
• Published 10/31/2007

Judges

• KELLER, P.J., delivered the opinion of the Court in which MEYERS, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Terry Keel, Austin, for appellant., E. Bruce Curry, D.A., Kerrville, Matthew Paul, State's Attorney, Austin, for state.