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Click here for the full text of this decision FACTS:The state indicted Tracy Yolanda Ward, the appellant, for knowingly delivering a controlled substance “by actual transfer to Rodger [sic] Ward, a person who [was] 18 years of age or younger.” Ward was the unborn child of appellant at the time of the purported delivery, and the “actual transfer” purportedly occurred through appellant consuming the controlled substance (cocaine) and causing it to circulate through her blood stream and into that of the unborn child via the umbilical cord. Prior to trial and without the benefit of a plea agreement, the appellant pleaded guilty to the offense and received a five-year suspended sentence. HOLDING:Reversed and rendered. Texas Health & Safety Code �481.122(a)(1) provides that a person commits an offense by knowingly delivering a controlled substance to a child. “Transfer” means to transfer, actually or constructively, to another a controlled substance regardless of whether there is an agency relationship. �481.002(8). The Court of Criminal Appeals defined an actual transfer as one that “contemplates the manual transfer of property from the transferor to the transferee or to the transferee’s agents or to someone identified in law with the transferee.” Heberling v. State, 834 S.W.2d 350 (Tex. Crim. App. 1992). The actual transfer contemplated here consisted of the ingestion by appellant of a controlled substance that eventually entered into the unborn child’s body via conveyance through the umbilical cord. “Nowhere are we cited to evidence suggesting that the unborn child actually handled, touched, manipulated or otherwise exercised physical possession over the drug. Again, the substance was merely discovered in the unborn child’s body.” The mere presence of a controlled substance in one’s blood or urinary system does not constitute possession. The state did not present some evidence upon which a rational factfinder could conclude beyond reasonable doubt that an actual transfer of possession from appellant to the child occurred as contemplated by Texas Health & Safety Code �481.122(a)(1). OPINION:Quinn, C.J.; Quinn, C.J., Reavis and Campbell, JJ.

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