Whaley v. State

OPINION ON MOTION FOR REHEARING

JORDAN, Justice.

After consideration of appellant’s motion for rehearing, we hereby grant said motion. Our original opinion in this case handed down on October 12,1983 is withdrawn and the following opinion is substituted therefor.

This is an appeal from a conviction for possession of heroin. In a trial to the court, appellant pled not guilty and was convicted under TEX.REV.CIV.STAT.ANN. art. 4476-15 (Texas Controlled Substances Act) (Vernon 1976), in its form as amended by the Legislature in 1981. Appellant was sentenced to eight years in the Texas Department of…