Hurwitz v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of the offense of possession of marihuana pursuant to V.A. C.S. Art. 4476-15 § 4.051(b)(4), and punishment was assessed by the court at two years confinement in the Texas Department of Corrections.

We granted review in this case to examine the court of appeals handling of appellant’s contention that his plea of guilty was not voluntary. Specifically, appellant contended that since his indictment was for a crime contained in an unconstitutional statute, the trial judge’s admonishment as to the range of…