Stewart, Jr., Virgil Raymond

• Court: Court of Criminal Appeals of Texas
• Decided: December 13, 2006
• Docket: PD-0787-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0787-06 VIRGIL RAYMOND STEWART, JR., Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS

HARRIS COUNTY

Per curiam.

O P I N I O N

Appellant was convicted of possession of methamphetamine and sentenced to thirty-five years imprisonment. The Court of Appeals reversed, finding the evidence factually insufficient to affirmatively link Appellant to the methamphetamine. Stewart v. State, 187 S.W.3d 249 (Tex. App.- El Paso, 2006). The State petitioned this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit of this Court's recent opinion in Watson v. State. ___ S.W.3d ___, 2006 Tex. Crim. App. LEXIS 2040 (Tex. Crim. App. October 18, 2006). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of Watson, if any, on its reasoning and analysis in this case.

En banc

Delivered: December 13, 2006

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