Swinney v. State. See Hubbard

In Swinney v. State. See Hubbard, 896 S.W.2d 359, 360-61 (Tex. App.--Houston 1st Dist 1995, no pet.), an undercover police officer was driving in an automobile when Swinney and three other individuals, standing on the side of the road, made head and hand gestures towards him. 828 S.W.2d at 256. Swinney approached the car and asked the officer what he needed. Id. The officer responded that he needed a twenty-dollar rock, and Swinney went back to the group of individuals he was standing with and spoke with them. Id. Swinney accompanied one of the individuals to the officer's car; that individual entered the officer's car on the passenger side while Swinney remained standing in between the open door and the outside of the car. Id. The individual asked the officer how many he needed, the officer said just one, and a drug transaction occurred. Id. The reviewing court held that the evidence was sufficient to support the jury's finding that Swinney constructively transferred the cocaine. Id. at 258.