Simpson v. State

OPINION

WARREN, Justice.

Appellant was charged by indictment with delivery of a simulated controlled substance. A jury found appellant guilty, and the court, having found two enhancement paragraphs true, assessed punishment at *54130 years confinement in the Texas Department of Corrections.

In three points of error, appellant complains that: (1) the evidence is insufficient to support the jury verdict; (2) there is a fatal variance between the proof offered and the allegations in the indictment; and (3) if the conviction is affirmed, he will be denied due process because the allegations in the…