Milburn v. State

OPINION ON REMAND

LESLIE BROCK YATES, Justice.

A jury convicted Appellant, Kim Allen Milburn, of the first degree felony offense of possession of 400 grams or more of cocaine, with intent to deliver. The jury sentenced appellant to forty years’ imprisonment and assessed a fine of $75,000. On original submission, this court found that appellant received ineffective assistance of counsel at the punishment phase of trial and we remanded the case for a new punishment hearing. See Milburn v. State, 973 S.W.2d 337 (Tex.App.-Houston [14 th Dist.] 1998), vacated and remanded, 3 S.W.3d 918…