Rhonda Tulane Smith v. State
This text of Rhonda Tulane Smith v. State (Rhonda Tulane Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NO. 07-04-0490-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MARCH 29, 2006
______________________________
RHONDA TULANE SMITH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 320 TH DISTRICT COURT OF POTTER COUNTY;
NO. 49,124-D; HON. DON EMERSON, PRESIDING
_______________________________
Memorandum Opinion
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
Appellant, Rhonda Tulane Smith, was convicted upon her open plea of guilty to the offense of delivering a controlled substance to a child. The conviction was based on her act of ingesting methamphetamine while pregnant, and her unborn child was the purported recipient of the drug as contemplated in the charge. The issues raised by appellant are the same as those raised by Tracy Yolanda Ward in our opinion issued this same date in cause number 07-04-0457-CR. Further, the opinion issued in that case controls the outcome here. So, we incorporate that opinion into this one and reverse the judgment of the trial court.
Accordingly, for the reasons explained in our opinion rendered in cause number 07-04-0457-CR, we reverse the trial court’s judgment and render judgment acquitting appellant of the crime as charged in the indictment.
Brian Quinn
Chief Justice
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