State v. Lewis

OPINION

MALONEY, Justice.

The trial court convicted Robert Charles Lewis of delivery of cocaine and sentenced appellee to two years, probated for two years. In a single point of error, the State alleges the trial court erred in sentencing appellee outside the applicable range of punishment. We reverse the trial court’s judgment.

BACKGROUND

The grand jury indicted appellee for delivery of cocaine in an amount under twenty-eight grams. The indictment alleged the offense occurred on or about July 22, 1994.

Appellee moved the trial court to sentence him as a state jail felon. See Tex.Health & Safety…