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Submitted on October 5, 2009


In three separate indictments, appellant Albert John Mihnovich was charged with having delivered to “Anthony Lowrie” the controlled substances hydrocodone and alprazolam “by constructively transferring said controlled substance[s.]“*fn1 See Tex. Health & Safety Code Ann. § 481.114(b), (c) (Vernon Supp. 2009).*fn2 The cases were tried to a jury in a single action; the result of a pretrial motion filed by the State. Id. § 481.132(b) (Vernon 2003).*fn3 The jury convicted Mihnovich in three causes and assessed punishment of fifteen years’ confinement in the Texas Department of Criminal Justice, Correctional Institutions Division in cause number 19,506, and confinement for two years each in cause numbers 19,507 and 19,508 in a state jail facility of the Texas Department of Criminal Justice.*fn4 Among the issues raised by Mihnovich in his appeal from those convictions is that the evidence at trial was legally insufficient to sustain the convictions. We reverse and render a judgment of acquittal.

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