Adkins v. State

OPINION

OSBORN, Justice.

This is an appeal from a conviction for possession of a controlled substance, to wit, tetrahydrocannabinol, other than marihuana. The jury assessed punishment at fifteen years imprisonment. We reverse.

At the outset, we address an issue not raised by Appellant at trial or on appeal. This offense, as alleged and shown at trial, was committed on September 3, 1982. Appellant was charged with an aggravated offense of possessing over twenty-eight grams but less than 400 grams of the listed substance under H.B. 730, Acts of the 67th Leg., Reg.Sess. 1981, Ch. 268, pp. 696-708,…