Ex Parte Meltzer

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ANNE GARDNER, Justice.

INTRODUCTION

Pursuant to rule of appellate procedure 50, we have reconsidered our opinion upon Appellant’s petition for discretionary review. See TexR.App. P. 50. We withdraw our August 11, 2005 opinion and judgment and substitute the following.

Appellant, Mariann Meltzer, was indicted for possession of methamphetamine of four grams or more, but less than two hundred grams, with intent to deliver. On May 30, 2001, pursuant to a plea bargain agreement, Appellant pleaded guilty and was placed on eight years’ deferred…