Pena V. State

Appellant, Rodolfo Serna Pena, appeals from a judgment convicting him of the felony of possession with intent to deliver a controlled substance weighing at least 400 grams including any adulterants and dilutants. See Tex. Health & Safety Code Ann. § 481.112(a), (f) (Vernon 2003). Appellant pleaded not guilty to the jury. The jury found appellant guilty, and the trial court assessed punishment at 20 years in prison and a $1,000 fine. In three issues, appellant contends that the evidence is insufficient to corroborate the testimony from the accomplice and the informant; the evidence is factually insufficient to support the conviction; and the court erred by failing to instruct the jury that the informant's testimony must be corroborated. We conclude that the evidence is sufficient to support the conviction and that appellant was not egregiously harmed by the trial court's failure to instruct the jury on the corroboration requirement for informant testimony. We affirm.