Malbrough v. State

OPINION

DUGGAN, Justice.

A jury found appellant guilty of possession of a controlled substance and assessed his punishment, enhanced by two prior felony convictions, at 68-years confinement. We affirm.

In a single point of error, appellant asserts “[t]he jury improperly reached its punishment by a mathematical method and not a fair and full expression of opinion.”

A new trial for an accused is mandatory “[wjhere the verdict has been decided by lot or in any other manner than by a fair expression of opinion by the jurors.” Tex. R.App.P. 30(b)(3). Immediately after the trial judge read the jury’s…