Warmowski v. State

OPINION

CHAPA, Justice.

Upon the State’s Petition for Discretionary Review, the opinion of this court dated August 30, 1991 is withdrawn, and the following opinion is substituted therefore.

Appellant was indicted in Cause No. 89-CR-0833C for possession of methamphetamine under 28 grams, and in Cause No. 89-CR-0834C for possession of cocaine under 28 grams. The two causes were consolidated, and appellant was put to trial on both causes and in the same proceeding, before the same jury. Prior to trial, pursuant to TEX.PENAL CODE ANN. § 3.04(a) (Vernon 1974), appellant moved for severance of the two…