Toro v. State

OPINION

BUTTS, Justice.

This is an appeal from conviction for delivery of a controlled substance (cocaine) following a plea of guilty. The trial court sentenced appellant to seven years’ imprisonment. Because there was a plea bargain which the trial court followed, the only subject on appeal is that contained in the written pretrial motion — a double jeopardy plea in bar.

Appellant brings two points of error relative to the double jeopardy plea: 1. The trial court erred in not granting the double jeopardy plea in bar because appellant had been previously convicted of the lesser included offense…