(Download) "Curley James Boykin V. State Texas (10/09/91)" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free

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Title: Curley James Boykin V. State Texas (10/09/91)
Author : Court of Criminal Appeals of Texas
Release Date : January 09, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Appellant, Curley James Boykin, was charged with, and a jury found him guilty of, delivering a simulated controlled substance while expressly representing that substance to be cocaine. Tex. Rev. Civ. Stat. art. 4476-15b, 2(a)(1) (1983 Tex. Gen. Laws 1614-1615, ch. 306, 2). The trial court assessed punishment at imprisonment for ten years. The Fourteenth Court of Appeals reversed, holding that the evidence adduced at trial was insufficient to prove appellant expressly represented the substance to be cocaine. Boykin v. State, 779 S.W.2d 134 (Tex.App.--Houston [14th Dist.] 1989). We granted the States petition for discretionary review, pursuant to Texas Rule of Appellate Procedure 200(c)(1), in order to consider whether the evidence was indeed insufficient. To answer this question, we must determine whether, under Article 4476-15b, 2(a)(1), a representation involving only slang terminology can ever be an express representation. In other words, the evidentiary sufficiency question is, in this context, actually a question of statutory construction. We will affirm the judgment of the court of appeals.