Austin v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for possession of heroin, alleged to have occurred on or about April 22, 1974. A plea of guilty was entered before the jury, and punishment was assessed at seven years.

At the outset, appellant urges that the court erred in accepting appellant’s plea of guilty to a felony information charging possession of heroin which neither alleged unlawful possession of heroin nor alleged facts negating legal possession.

In light of this Court’s recent decision in Vasquez v. State, 522 S.W.2d 910, and Sec. 5.10(a)1 of the Controlled Substances…