Garcia v. State

OPINION

KLINGEMAN, Justice.

This is an appeal from a conviction of possession of a controlled substance, namely: heroin. Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 4.04(a) (Vernon Supp. 1982). After the jury found appellant guilty of the charged offense, the trial court found appellant to be an habitual criminal and sentenced appellant to life imprisonment. Tex. Penal Code Ann. § 12.42(d) (Vernon 1974).

Appellant complains in his first ground of error that the trial court committed fundamental error in charging the jury in the disjunctive. The indictment alleged that appellant:

Reynaldo Ortiz Garcia…