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Click here for the full text of this decision FACTS:Quanah Police Chief Edward Urban Jr. received a call from a resident about suspicious activity at a nearby farm. While Urban was watching from the road, he saw two trucks leave the farm. He recognized one as belonging to Lori Cheek, the wife of an operator of the farm. As the second truck passed, Urban saw “tanks” in the bed and smelled anhydrous ammonia. The manner in which the ammonia was being transported made him suspect it could be linked to the manufacture of methamphetamine, so he stopped the vehicle. In the truck bed he found seven tanks, which he alternately described as butane or propane tanks. One lacked any valve and several had brass valves. At least one valve had a blue discoloration which he said was evidence it had been exposed to anhydrous ammonia. He arrested the driver and James Mitchell Murphy (appellant), who was the only passenger. After being advised of his Miranda rights, Murphy gave a written statement in which he described driving to the farm with Cheek’s assistance where they used a hose to fill the tanks. The statement continued, “We were to sell the anhydrous ammonia and split the money with Lori.” Prosecutors charged Murphy with violating Texas Health & Safety Code �481.124, which makes the possession or transportation of anhydrous ammonia with the intent to unlawfully manufacture a controlled substance a felony offense. At the conclusion of a two-day trial, the jury found appellant guilty and assessed a seven-year sentence. HOLDING:Affirmed. By his ninth and tenth issues, Murphy claimed that the trial court’s failure to require venire members to complete juror questionnaires, which is mandated by statute, deprived him of the right to effective assistance of counsel. The defense argued that it was unable to properly decide whether to move to shuffle the jury without the information. The record, however, showed that the trial court did not deny defense counsel the opportunity to inquire of the venire on any matter that would have been included in a written questionnaire or limited in the amount of time to conduct voir dire. Thus, the court held that the trial court’s failure to use juror questionnaires did not deprive appellant of the effective assistance of counsel. The error, the court further stated, involved a statutory rather than constitutional right and was subject to harmless error review under Texas Rule of Appellate Procedure 44.2(b). The court concluded that the record showed the error did not affect a substantial right and must be disregarded. The court, however, stated that a reviewing court considers whether the totality of the voir dire testimony supports the trial court’s finding on whether the prospective juror is able to follow the law as instructed, and reverses only if a clear abuse of discretion is evident. The court found no such abuse of the trial court’s discretion in its apparent acceptance of the juror’s response that she could consider probation in an appropriate set of facts. Murphy also challenged the trial court’s denial of two challenges for cause and its refusal to grant an additional peremptory challenge. Examining sufficiency of the evidence, the court noted that Texas Health & Safety Code �481.124(b)(1) creates a permissive presumption of intent to manufacture methamphetamine on evidence the actor transported anhydrous ammonia in a container not made for that purpose. By virtue of this presumption, the evidence was legally sufficient to support the inference of appellant’s intent to manufacture methamphetamine. The court also found the evidence factually sufficient to support the conviction and found no abuse of discretion in several of the trial court’s decisions to admit certain evidence. OPINION:Campbell, J.; Campbell and Hancock, J.J. Reavis, J. (retired) did not participate in the decision.

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