Moncivalles v. State

In Moncivalles v. State, 733 S.W.2d 601, 603 (Tex. App. San Antonio 1987, pet. dism d, improvidently granted), Gonzales led an undercover officer to a house and yelled out for "Tootie." 733 S.W.2d at 603. Moncivalles appeared and asked the officer what he wanted, and the officer said he wanted to score "80" (eighty dollars' worth of heroin). Id. Moncivalles took the money back into the house, but a different individual came out and handed the drugs to the officer. Id. The appellate court held that the evidence failed to establish that the heroine was under Moncivalles's control or that the person who delivered it to the officer was acting under Moncivalles's direction. Id.