Tate v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of delivery of a controlled substance, to-wit: methamphetamine of less than 28 grams. V.A.C.S. Art. 4476-15, § 4.03 (repealed). Now see V.T.C.A. Health & Safety Code § 481.112. Appellant pled “true” to two enhancement allegations, and the jury assessed his punishment at 45 years confinement in the Texas Department of Corrections. 1 On direct appeal, the court of appeals reversed appellant’s conviction and remanded the cause for a new trial. Tate v. State, 793 S.W.2d 760 (Tex.App — Fort Worth 1990). We…