austindefender

Criminal defense in Austin Texas.

Texas Court of Criminal Appeals

Posted By on May 22, 2009

I’ve been spending a lot of time lately researching a writ, and I’ve had the unfortunate experience of reading more than my fair share of Court of Criminal Appeals decisions.

In Ex parte Kinnett, for example, a guy dumped his meth in the toilet.  The cops scooped the water out, weighed it, and used the weight of the toilet water as the basis for his prosecution.  Since they scooped more than 600 grams of water out of the toilet, that put him over the limit for a 1st degree felony.

The jury gave him 85 years in prison.  (Along with a $250,000 fine – more, I suspect than his trailer was worth.)

The CCA was just fine with that.

This is, the Court said, what the legislature intended.

For what it’s worth, the actual amount of meth was 0.0274 grams, for a toilet-water to methamphetamine ratio of 24,197:1.


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