Sanchez v. State

Sylvano Sanchez, Jr. appeals from the judgment of the district court convicting him of delivery of an amount of marihuana weighing five pounds or less but more than four ounces. Appellant pleaded not guilty, and trial was before a jury. Appellant pleaded true to the allegation of a prior felony conviction.

Appellant was indicted and convicted under Tex.Rev.Civ.Stat.Ann. art. 4476-15 § 4.05(a), (b)(4) (Supp.1982) as amended by 1981 Tex.Gen.Laws, ch. 268, § 7, at 702. This chapter purported to constitute the offense charged a second-degree felony, for .which the punishment would be confinement…