Davis v. State

OPINION

ELLIS, Justice.

Appellant, Paul D. Davis, appeals his judgment of conviction for the offense of delivery of a controlled substance, namely cocaine, weighing by aggregate weight, including any adulterants and dilutants, less than 28 grams. Tex.Health & Safety Code Ann. § 481.-102(3)(D) and § 481.112(a), (b) (Vernon 1992). Appellant waived his right to trial by jury and entered a plea of nolo contendere to the court without an agreed punishment recommendation. The court, after reviewing a presentenee investigation (PSI) report, assessed punishment at ten (10) years confinement in the…