Thorpe v. State

OPINION ON APPELLANTS MOTION FOR REHEARING AFTER PETITION FOR DISCRETIONARY REVIEW REFUSED

MALONEY, Judge.

A jury convicted appellant of possession of more than twenty-eight grams but less than four hundred grams of methamphetamine. Tex.Rev.Civ.Stat.Ann. art. 4476-15, §§ 4.02(b)(6); 4.04(a) & (e) (Vernon Supp. *7401989).1 The trial court assessed punishment, enhanced by two prior felony convictions, at fifty years imprisonment. Id. § 4.012(b)(1);2 Tex.Penal Code Ann. § 12.42(d). The Court of Appeals affirmed the conviction upon appellant’s motion for rehearing. Thorpe v. State, 834 S.W.2d 596…