Gonzales v. State, 47346
| Citation | 505 S.W.2d 267 |
| Decision Date | 06 February 1974 |
| Docket Number | No. 47346,47346 |
| Parties | Thomas GONZALES, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Garland G. Wier, San Antonio, for appellant.
Ted Butler, Dist. Atty., Gordon V. Armstrong, Stephen P. Takas and David K. Chapman, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.
The offense is sale of a narcotic drug, to-wit: heroin; the punishment, thirty (30) years.
San Antonio Police Officer Albert Chevera, while working as an undercover agent, testified that he drove his car on July 17, 1972, and parked on the corner of 28th and San Fernando in San Antonio with an informer, Jimmy Leveine, as a passenger. Appellant, whom Chevera had seen before in that particular location, approached and the two had a short conversation. Then appellant asked Chevera if he was out trying to score, the word score meaning to buy heroin, to which Chevera replied 'yes'. They got into Chevera's car and appellant directed Chevera to drive to a certain traffic circle. While on the drive to 'the circle' appellant asked how much Chevera wanted to score, to which Chevera replied 'one gram'. Appellant asked for thirty dollars and Chevera gave it to him from monies furnished him by the City of San Antonio. They drove to the 1400 block of Brighton and parked at appellant's direction. Appellant left the car with the informer while Chevera stayed in the car. About two or three minutes later, appellant got back into the car and placed in Chevera's hand a yellow balloon proved by other evidence to be heroin. Chevera placed the balloon in his mouth, drove off, dropped appellant off in the general area where he lived, and then dropped off the informer.
Appellant testified that the informer was driving and Chevera was the passenger. The informer, Jimmy Leveine, motioned with his hand to appellant to approach the car. The informer let appellant know that the man with him, Chevera, was his cousin and that both of them were sick and that they wanted appellant to get some heroin for them. At informer's direction the three of them drove to Humboldt and Brecker Streets. The informer then gave appellant thirty dollars and appellant left and went up to a house and came back with a full one gram in two balloons. Appellant gave the two balloons to the informer and the informer gave one back to appellant. The three then drove off. Appellant testified further that the informer drove to a location close to a wild bush where informer 'shot' some heroin and then gave some to appellant who also 'shot' some. Chevera in the meantime had left the scene, but returned with the car, and then the three of them left with Chevera driving. Chevera then dropped appellant off at the corner of General McMullen and El Paso Streets.
Appellant's ground of error number one urges that the evidence is insufficient to prove a sale of...
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