England v. State

OPINION

KELTNER, Justice.

This is an appeal from Richard Wayne England’s two convictions of delivery of a controlled substance — heroin—of less than 28 grams, pursuant to TEX.REV.CIV. STAT.ANN. art. 4476-15, sec. 4.03 (Vernon Supp.1987). England pled guilty in both cases and the court assessed punishment at ten years in the Texas Department of Corrections on each conviction to run concurrently. His sole defense at trial was his claim of entrapment.

On appeal, England complains the trial court erred in overruling his motions to dismiss because entrapment was established as a matter of law.

We…