grams, but at least 200 grams. He was sentenced to 30 CORBETT K. WEINN, Appellant v. THE STATE OF years in prison for each offense, with the sentences to TEXAS run concurrently. The court of appeals vacated the manufacturing conviction and upheld the possession

Notice; PUBLISH conviction. On review, the court found that the Texas Legislature intended that manufacture and simultaneous

Subsequent History: Motion for rehearing on petition possession with intent to deliver of the same single for discretionary review denied by In re Weinn. 2010 quantity of a controlled substance constitute a single Tex. Chm. Aoo. LEXIS 1062 (Tex. Crim. Add.. Sept. 15. offense. Punishing defendant twice for the same offense 2010) violated his constitutional rights against double jeopardy. The Legislature intended that Tex. Heallh &

Prior History: ri]ON STATE'S PETITION FOR Safely Code Ann. 5 481.112 establish alternative means DISCRETIONARY REVIEW FROM THE SEVENTH of punishing an offense in the continuum of drug COURT OF APPEALS, LUBBOCK COUNTY. distribution. A single act, simultaneous manufacture and resulting possession with intent to deliver, with respect to a single quantity of methamphetamine constituted a

Weinn v. State. 281 S. W.3d 633. 2009 Tex. Add. LEXIS single violation of 6 481.112. 1015 (Tex. Add. Amarilio. 2009) Outcome Core Terms The court affirmed the judgment of the court of appeals. manufacture, deliver, methamphetamine, offenses, LexisNexis® Headnotes quantity, controlled substance, punished, double- jeopardy, possessing, convictions, grams, simultaneous, continuum, drugs, legislative intent, same offense. Jeopardy, delivery, multiple punishment, double

Criminal Law & Procedure >... > Controlled jeopardy, requires proof, plurality, appeals, batches Substances > Manufacture > General Overview Case Summary Criminal Law & Procedure >... > Possession > Intent to Distribute > General Overview

Procedurai Posture The State of Texas sought review of an order from the

HN1\^] Controlled Substances, Manufacture Seventh Court of Appeals, Lubbock County (Texas), which vacated defendant's conviction for manufacture of methamphetamine.

The Texas Legislature intends that manufacture and simultaneous possession with Intent to deliver of the

Overview same single quantity of a controlled substance constitute a single offense.

Defendant pled nolo contendere to possession with intent to deliver and guilty to manufacture of methamphetamine, both in an amount less than 400

Robert Rodery