Court of Criminal Appeals of Texas

In conviction for misdemeanor offense of possession of less than 28 grams of a Penalty Group 4 controlled substance (codeine), court of appeals judgment finding the evidence legally insufficient to support the elemental finding that Promethazine was in the mixture in sufficient proportion to confer on the mixture valuable medicinal qualities other than those possessed by the codeine alone is reversed where: 1) the court of appeals improperly held that only a quantification of the nonnarcotic ingredient, Promethazine, could meet the "in sufficient proportion to confer on the [substance] valuable medicinal qualities" element of Section 481.105(1); 2) the State met its burden of proving the Promethazine was "in sufficient proportion to confer on the compound, mixture and preparation valuable medicinal qualities other than those possessed by the narcotic drug alone[.]"; and 3) the amount of Promethazine in the substance, standing alone, would not have established that it conferred valuable medicinal qualities on the substance.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

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Court

• Court of Criminal Appeals of Texas

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