
NO. 07-04-0490-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

MARCH 29, 2006
______________________________

RHONDA TULANE SMITH, 

									Appellant

v.

THE STATE OF TEXAS, 

									Appellee
_________________________________

FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

NO. 49,124-D; HON. DON EMERSON, PRESIDING
_______________________________

Memorandum Opinion
_______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
	Appellant, Rhonda Tulane Smith, was convicted upon her open plea of guilty to the
offense of delivering a controlled substance to a child.  The conviction was based on her
act of ingesting methamphetamine while pregnant, and her unborn child was the purported
recipient of the drug as contemplated in the charge.  The issues raised by appellant are
the same as those raised by Tracy Yolanda Ward in our opinion issued this same date in
cause number 07-04-0457-CR.  Further, the opinion issued in that case controls the
outcome here.  So, we incorporate that opinion into this one and reverse the judgment of
the trial court.  
	Accordingly, for the reasons explained in our opinion rendered in cause number 07-04-0457-CR, we reverse the trial court's judgment and render judgment acquitting
appellant of the crime as charged in the indictment.  

							Brian Quinn 
						          Chief Justice

Do not publish.
 
