Medrano v. State

OPINION

ROBERTS, Judge.

Appellant was convicted of delivery of marijuana under the Controlled Substances Act. The jury assessed his punishment at five years’ confinement and a fine of three thousand dollars.

Appellant’s third ground alleges that the indictment is fatally defective for failing to allege the quantity involved or that the delivery was for remuneration. We agree.

Section 4.05 of the Controlled Substances Act provides, in part, as follows:

“Sec. 4.05 . . .

“(d) Except as otherwise provided by this Act, a person commits an offense if he knowingly or intentionally delivers marihuana.

“(e)…