State v. Delgado

OPINION

DRAUGHN, Justice.

Appellee was charged by a two-count indictment with the offenses of delivery of marihuana and criminal episode. The State of Texas appeals from the trial court’s order granting appellee’s motion to quash three of the four enhancement paragraphs of the indictment. The issue presented here is whether the State may allege more than one enhancement paragraph to prove one prior conviction in accordance with Tex. Penal Code Ann. § 12.42(c) (Vernon Supp. 1991).

Appellee filed a motion to quash three of the four enhancement allegations of the indictment claiming all four prior…