Shivers v. State

OPINION ON MOTION FOR REHEARING

BARAJAS, Chief Justice.

We grant Appellant’s motion for rehearing, withdraw our opinion and judgment of January 7,1994, and substitute the following opinion.

*706This is an appeal from a conviction for the offense of possession of cocaine. Upon a finding of guilt by the trial court, punishment was assessed at confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of 40 years. We affirm the judgment of the trial court.

I. SUMMARY OF THE EVIDENCE

Appellant pleaded guilty to the trial court without the benefit of a recommendation…