Hernandez v. State

OPINION ON APPELLANT’S SECOND MOTION FOR REHEARING

PHILLIPS, Judge.

In a per curiam opinion dated April 27, 1977, we affirmed the judgment of the trial court. We granted appellant’s motion for leave to file motion for rehearing and in an opinion dated December 7, 1977, we reaffirmed our original holding. Our previous opinions are withdrawn and the following substituted in lieu thereof.

This is an appeal from a conviction for the offense of delivery of heroin. Punishment was enhanced pursuant to V.T.C.A., Penal Code, Sec. 12.42(d), and assessed at life.

The record reflects that on February 22,…