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Click here for the full text of this decision The state is no longer required to determine the amount of controlled substance and the amount of adulterant and dilutant that constitute the mixture. The state has to prove only that the aggregate weight of the controlled substance mixture, including adulterants and dilutants, equals the alleged minimum weight. FACTS:In the early hours of Aug. 14, 2000, Travis County sheriff’s deputy Michael Mancias responded to a disturbance at the Golden Nugget Motel in the southeast part of Travis county. Upon arrival, Mancias found the appellant running around on the motel rooftop holding an antenna. Mancias repeatedly asked appellant to come down from the rooftop. When he finally complied, Mancias immediately placed him in handcuffs. Mancias testified that the appellant was combative, saying that someone was trying to shoot him and that there were lasers on him. The appellant also was sweating profusely and kicking around on the ground. Based on these observations, Mancias believed that the appellant was under the influence of some narcotic and placed him under arrest for public intoxication. As the appellant continued to “flop around” on the ground, Mancias proceeded to search him. While the appellant was on his back, Mancias noticed a small plastic bag sticking out from the crotch of the appellant’s shorts. Mancias retrieved the bag and discovered that it contained approximately 35 to 40 rocks of a substance that appeared to be crack cocaine. Mancias used a digital scale to measure the substance as weighing 6.4 grams. He also conducted a field test using an ampule containing a solution that, when mixed with cocaine, would turn blue, indicating a positive reaction for cocaine. The field test was positive. The appellant eventually was taken by EMS to Brackenridge Hospital in Austin, where he was treated for a drug overdose. At the appellant’s trial, Dennis Ramsey, a chemist/toxicologist for the Texas Department of Public Safety, testified, “The tan, solid substance that’s inside that tan plastic bag is crack cocaine.” He first determined the net weight of the substance was 5.77 grams. Ramsey then tested an unspecified number of rocks using an ultraviolet spectrophotometer and a gas chromatography mass spectrometer, confirming that each contained cocaine. He admitted, however, that he did not test every rock. The jury convicted the appellant of possession of more than four but less than 200 grams of cocaine. HOLDING:Affirmed. The court of appeals appeared to distinguish this case from Gabriel v. State, 900 S.W.2d 721 (Tex. Crim. App. 1995), because there was no testimony here that the untested substance was “virtually identical.” Although such exact wording was never used, Mancias, who received training relating to recognizing different types of narcotics, testified that when he found the bag, it contained 35 to 40 rocks “of a substance that appeared to be rock cocaine that I later field tested as cocaine.” Additionally, when asked if he recognized the substance in the bag, Ramsey responded, “The tan, solid substance that’s inside that tan plastic bag is crack cocaine.” Finally, and most importantly, the jury viewed the rocks of crack cocaine admitted into evidence. Based on their inspections, the jury could have reasonably concluded that the substance was apparently homogenous. The fault in the court’s point is that it treats each rock as a separate controlled substance, rather than treat all the rocks as a mixture. The term “controlled substance” includes the “aggregate weight of any mixture, solution, or other substance containing a controlled substance.” �481.002 (5). Here, the jury heard testimony that the rocks of crack cocaine were all found in one bag. The jury was also permitted to inspect the bag and its contents in order to see the similarities in appearance. Therefore, it was reasonable for the jury to infer that the 35 to 40 rocks composed a mixture of crack cocaine, even if, some of the rocks were, as the court of appeals hypothesized, “composed entirely of noncocaine.” Under these circumstances, it would be unnecessary to require the state to test each rock to determine whether it contains cocaine, much in the same way that it would be unnecessary to require the state to prove that each grain of a powdery substance contains cocaine, especially if there were, hypothetically, 350 to 400 rocks instead of 35 to 40, all with the same appearance, and all found in the same receptacle. The Legislature did away with the requirement for this sort of hyper-technical analysis when it amended the definition of “adulterant or dilutant.” �481.002 (49). Under the new Health and Safety Code definition, the state is no longer required to determine the amount of controlled substance and the amount of adulterant and dilutant that constitute the mixture. The state has to prove only that the aggregate weight of the controlled substance mixture, including adulterants and dilutants, equals the alleged minimum weight. Here, Ramsey tested and confirmed that the rocks contained cocaine, and that the aggregate weight of the rocks was 5.77 grams. A rational jury could have found that the evidence showed beyond a reasonable doubt that the plastic bag found in the appellant’s possession contained at a minimum, four grams of cocaine. The state’s ground for review is sustained. OPINION:Hervey, J.; Meyers, Price, Womack, Johnson, Keasler, Holcomb and Cochran, JJ., joins. Keller, PJ., concurs.

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