Hubbard v. State

In Hubbard v. State 896 S.W.2d 359, 360-61 (Tex. App.--Houston 1st Dist 1995, no pet.), a police officer was standing outside a convenience store when Hubbard approached him and asked what he was looking for. 896 S.W.2d at 360-61. The officer said that he wanted to buy twenty dollars worth of crack cocaine. Id. at 361. Hubbard whistled to an individual across the street, the individual approached, and Hubbard stated to him that the officer was interested in buying drugs. Id. A transaction occurred, and Hubbard and the actual transferor left together. Id. The court held that the evidence was sufficient to support Hubbard's conviction on the basis that he constructively transferred the cocaine to the officer. Id. at 363. Specifically, in addressing the issue of control, the court focused on the facts that Hubbard initiated contact with the officer and remained at the scene during the delivery. Id. at 362-63.