Moya v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for unlawful delivery of a controlled substance, to wit, cocaine. Appellant was indicted on October 8, 1982, for “intentionally and knowingly delivering] by actual transfer ... a controlled substance listed in Penalty Group 1, to-wit, cocaine of more than 28 grams but less than 200 grams[.]” At the time of the indictment this alleged an offense under TEX.REV.CIV.STAT.ANN. art. 4476-15 § 4.03(d)(1) (Vernon Supp. 1982-83). The offense was classified as “aggravated” delivery and carried a range of punishment of confinement in the Texas…