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Gutierrez v. State

In order to prove that the appellant delivered the cocaine by constructive transfer, the state must prove that prior to the alleged delivery, the transferor had either direct or indirect control of the controlled substance, and the transferor knew of the existence of the transferee.

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Appellant David M. Gutierrez appeals from his conviction for delivery of cocaine by constructive transfer. We affirm.

BACKGROUND

Department of Public Safety officer Gilbert Arredondo, as part of a “buy-bust” drug operation, arranged with David Singleterry for Arredondo to purchase one-half of a kilogram of cocaine. Singleterry met with Arredondo at Singleterry’s home and had Arredondo show $11,500 in cash which was the agreed-upon purchase price for the cocaine. Then Singleterry had Arredondo drive both of them to an apartment where Singleterry was to obtain the cocaine. Singleterry went into the apartment alone and returned with a sample of white powder. Arredondo then gave Singleterry the $11,500 cash purchase price and Singleterry went back into the apartment while Arredondo waited in the car. Singleterry emerged from the apartment, showed a bag which he indicated contained the cocaine and went around to enter the passenger side of the car. Arredondo signaled the other members of the buy-bust team to move in. Singleterry was arrested before he actually gave the bag containing cocaine to Arredondo.

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