Canida v. State

*294OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted Appellant of delivery of marihuana in an amount less than five pounds and more than four ounces. After finding the enhancement allegation to be true, the jury assessed punishment at confinement for fifty years. The conviction was affirmed. Canida v. State, 823 S.W.2d 382 (Tex.App.—Texarkana 1992). We granted Appellant’s petition to address his contention that under this Court’s opinion in Cole v. State, 839 S.W.2d 798 (Tex, Cr.App.1990), which was pending on rehearing, the Court of Appeals erred in upholding the trial…