Davila v. State

In Davila v. State, 664 S.W.2d 722 (Tex. Crim. App. 1984), an undercover officer-agent and an unidentified informant entered a residence and spoke with Davila. 664 S.W.2d at 723. Davila asked what they wanted and then went outside to speak with Cosme, the actual transferor. Id. Davila returned to the inside of the residence and sat on the couch. Id. Shortly thereafter, Cosme entered the residence and asked, "How many do you want" or "What do you want," the officer repeated his request, and Cosme handed over the drugs in exchange for money. Id. The Court of Criminal Appeals affirmed the Amarillo Court of Appeals's decision holding the evidence insufficient to establish that Davila constructively transferred the narcotics. Id. at 725. The Court of Criminal Appeals explained, "At most the evidence shows that appellant merely relayed Chism's offer to buy to her husband Cosme." Id. at 724. The actual transferor expressly asked the officer what he desired to purchase. See 664 S.W.2d at 723.