State v. Gonzalez

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellee, without the benefit of a plea bargain agreement, pled guilty to and was convicted of three separate felony offenses of delivery of marihuana pursuant to Tex. Health and Safety Code Ann. § 481.120. The trial judge assessed punishment at three years confinement for two of the offenses and five years probation for the third. Tex.Penal Code Ann. § 12.34 and Tex.Code Crim.Proc.Ann. art. 42.12, § 3. Appellee filed a “Motion for New Trial and Request for Re-sentencing” in each case. The trial judge granted each motion. The…