Ward v. State

The State indicted Tracy Yolanda Ward (appellant) for knowingly delivering a controlled substance "by actual transfer to Rodger [sic] Ward, a person who [was] 18 years of age or younger." Ward was the unborn child of appellant at the time of the purported delivery, and the "actual transfer" purportedly occurred through appellant consuming the controlled substance (cocaine) and causing it to circulate through her blood stream and into that of the unborn child via the umbilical cord. Prior to trial and without the benefit of a plea agreement, appellant pled guilty to the offense and received a five-year suspended sentence. Of her multiple issues on appeal, we need only address one. It concerns the legal sufficiency of the evidence supporting her conviction. And, upon considering that issue, we reverse and render judgment.