Reed v. State

OPINION

DUGGAN, Justice.

A jury found appellant guilty of delivery of cocaine weighing more than 28 grams and less than 200 grams. The jury assessed punishment at 20 years confinement, with no fine.

The State observes that patent, unassigned error occurred at the punishment stage of trial, and proposes reformation.

The verdict, judgment, and sentence show that the jury assessed no fine, although the governing statute requires both a penitentiary confinement and a fine. See Tex.Health & Safety Code Ann. § 481.112(d)(1) (Vernon Pamph.1990).

The Health and Safety Code provides a punishment range of…