McHenry v. State

OPINION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was charged by indictment with conspiracy to possess cocaine, alleged to have been committed on or about February 1, 1990. In July of 1990, he was convicted in a trial by jury; whereafter the jury assessed punishment at 99 years confinement and a $100,000 fine. In McHenry v. State, 823 S.W.2d 667 (Tex.App. — Dallas 1991), the court of appeals affirmed, but this Court granted appellant’s first petition for discretionary review and vacated the court of appeals’ judgment. McHenry v. State, 829 S.W.2d 803…