Holmes v. State

OPINION

ELLIS, Justice.

Appellant, Clyde Andrew Holmes, appeals his judgment of conviction for the offense of possession of a controlled substance, namely cocaine, weighing less than twenty-eight grams by aggregate weight, including any adulterants and dilutants. TexHealth & Safety Code Ann. § 481.102(3)(D) and § 481.115(a) (Vernon 1990). The jury rejected appellant’s not guilty plea and the court, upon finding the two enhancement paragraphs of the indictment to be true, assessed punishment at twenty-five years confinement in the Institutional Division of the Texas Department of Criminal…